If I paid my rent by dropping it in my apartment complex’s drop box after hours nut my landlord is saying they did not get it, who is responsible?

UPDATED: Jul 5, 2012

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If I paid my rent by dropping it in my apartment complex’s drop box after hours nut my landlord is saying they did not get it, who is responsible?

I paid my rent with money orders sealed in an envelope and dropped it in my apartment complex’s drop box (within the time allotted), they are saying they didn’t receive it and I would have to pay again. I took them copies of the money orders and they say that they don’t believe that I placed it in the drop box and I would be responsible for the rent. While I was there, other people were also being made to replace their rent checks due to the same circumstances. Am I responsible for repayment and can they legally charge me late fees/evict me? What are the laws re: this? Who is responsible?

Asked on July 5, 2012 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, IF you placed the rent in the landlord's designated lockbox, then you fulfilled your obligations and you are not responsible for what happens next. Practically, the problem is proving you did that: your money order copies and/or receipts can show you took out the money orders, but do not prove delivery. If the landlord refuses to believe that  you paid, the landlord can try to evict you for nonpayment, and may succeed if you cannot convince a judge you deposited or delivered them. The best thing to do is most likely to cancel those money orders (assuming no one has cashed them yet) and reissue new payment to the landlord.

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