If a tenant’s money order for rent is stolen, must they then pay rent again?

UPDATED: Dec 28, 2011

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If a tenant’s money order for rent is stolen, must they then pay rent again?

I’ve currently lived in a apartment complex for about 9 months; 4 months ago we paid our rent as usual on time. A couple weeks later we got a letter stating that the office was robbed and our money order was missing. My roommate told me that the management wants us to pay half of the money that was taken. We checked the lease and it does not say anything about that. They want us to pay the money by the end of this month or we will get evicted. Also, we do have a receipt with a copy of the money order proving that the rent was paid in full and it was signed by one of their employees.

Asked on December 28, 2011 under Real Estate Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your landlord needs to be reported immediately to the entity who has responsibility or oversight of landlord tenant matters. This is usually the office of the attorney general, the city or county prosecutor or the local HUD office. You paid by money order, which means you already gave good funds to an entity to create this money order. The money order was give to the management. It appears they do not deny this. If they were robbed, that is not your problem and you need to immediately report them. Also contact the police because they have just robbed themselves and trying to double dip from the tenants. They cannot evict you for their own negligence. If they attempt to do so, they can be held civilly and criminally liable.

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