Wo is responsible for the rent if the rent was placed in the drop box of the rental property but stolen
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wo is responsible for the rent if the rent was placed in the drop box of the rental property but stolen
My rent was put into the drop box of the rental business office. The office sent a letter in regards to the rent not being paid. When we performed a tracer request, 2 of the money orders were cashed and 1 was not. The money order photo copy was sent to our residence showing someone else’s name on the money orders but no bank information on the back of it, just deposit only. The money order’s were filled out and the were altered. Since it was put in there drop box, is it considered to be in their possession or are we still responsible for it? Also, there was a camera.
Asked on October 22, 2011 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Legally, if you put the rent into the landlord's possession (i.e into the proper drop box) and it was stolen afterwards, you have fulfilled you obligation vis-a-vis the rent. The issue here may be factual: you can prove that the money orders were cashed by someone else, but you also have to be able to prove that the money orders went into the box, if the landlord should dispute that it received them: after all, the fact that the money orders were cashed by another does not, by itself, prove anything about receipt. Therefore, if the landlord denies it received them in the first place and tries to evict you, the issue will likely hinge on any evidence (for example, footage or film from that camera you mention) you and the landlord each have about delivery and receipt, as well as the credibility of any testimony on the subject.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.