If I dropped my moneyorder in the drop off box on the property site but my property manager states they never received it, who is responsible?
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If I dropped my moneyorder in the drop off box on the property site but my property manager states they never received it, who is responsible?
Am I the tenant responsible? It is in instance of 4 separate money orders. 3 of them were never cashed and I received a refund thru western union. The other one was cashed a month later and am currently in the process of running a trace. They already had sent us to court came up with an arrangement the attorney and property management write out a legal stipulation stating if paid the amount of $1900 by the end of last month to bring our balance to a 0 and to pay this month’s rent by the 3rd, they would remove the eviction request from the county. I signed and paid as agreed. They are now saying I owed more.
Asked on June 19, 2015 under Real Estate Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The tenant is responsible for paying the rent. In theory, if you put the rent in the dropbox, doing so was "paying it" and you completed your responsibility; however, in practice, if the landlord says he never received the money and you can't prove otherwise, you will be treated as if you did not pay it. (That's why it's best to pay some way you get proof of receipt: e.g. in person, getting a rent receipt; by electronic bank or funds transfer; etc.).
If you entered into a stipulation, you are responsible for paying the amount in the stipulation (and generally new rent, as it comes due)--no more and no less. The stipulation is an agreement; essentially, a contract. Neither party (that is, neither tenant nor landlord) may add to or change it, but rather the terms the parties agreed to are enforceable in court.
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