CanI be issued an a eviction noticeif my money order was stolen from the rental office drop box?

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CanI be issued an a eviction noticeif my money order was stolen from the rental office drop box?

Asked on August 23, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is "factual," not "legal."

Legally, your responsibility is to pay the rent to the landlord; what happens to it after that it not your responsibility. If you have given it to the landlord, you have paid your rent--even if it is later stolen, lost, etc.

The problem may be proving that it was actually paid into the drop box. You can prove, with the money order receipts, that you bought the money order; but proving that you gave it to the landlord (and not that it was stolen or lost from you, for example) may be difficult, if the landlord doesn't think that you did. So in this case, if the landlord believes that you never paid the money, they could in good faith try to evict you; you can defend by testifying in court and otherwise trying to prove that you did put the money order(s) in the drop box.


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