If my money order for rent was stolen from the leasing office, am I responsible for paying this back and can they evict me?

UPDATED: Jul 26, 2011

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If my money order for rent was stolen from the leasing office, am I responsible for paying this back and can they evict me?

The leasein office was broken into and the money orders were stolen. I traced my money order to find out it has been cashed. They said it will take several months to get my money back.

Asked on July 26, 2011 Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the money for the rent, including a money order, was actually received by the leasing office, then no, you are not responsible legally; your obligation is to pay the rent--that is, get into the drop box and/or into a designated employee of the landlord--on time. Once you have put it properly into their possession, they are responsible for what happens next.

However, as noted, that's the law. As a practical matter, if the landlord claims they never received it, it may have difficulty proving that, which is critical, since if the money order was stolen at any time prior to the landlord's receipt, it is your responsibility. You may need to be prepared to end up in court to testify in regards to this, so any evidence or other witness you have to what happened or that delivered the money order, it would be a good idea to keep it/them handy.

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.

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