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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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