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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34795
Experience:  Attorney,16 years experience in consumer protection areas
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My question is regarding a rent payment that I made to my apartment

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My question is regarding a rent payment that I made to my apartment complex office. The payment was made by two separate Western Union money orders. One was for $500 and the other for a lesser amount. The smaller amount was posted towards my rent but they claim they never recieved the one for $500. I recently paid them over $800 for that missing payment and late fees associated with it. I've contacted Western Union and they informed me that the money order was cashed last April and sent me a copy of it. The money order was clearly altered and cashed by the former office manager. What can I do about this situation? Im I entitled to recieve a refund or credit towards future rent payments?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are you saying that the former office manager altered and stole the money order and cashed it personally and kept the money?
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Have you spoken with the apartment management about this?
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If so, what is their position on the matter?
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Was the office manager still working for the landlord when s/he took the money order?
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Thanks
Barrister
Customer: replied 3 years ago.

Hello,


 


Yes the former office manager changed who the money order was payable to and she endorsed the back of the check. I have not spoken to the current manager about it yet. The former manager was still working for the landlord when the money order was taken.

Ok, thank you for that additional information. If the manager was still working for the landlord wen they stole the money order, then the landlord is liable to reimburse you or give you credit for the money and any late fees. This is under the legal doctrine of "respondeat superior" which says an employer is liable for the acts of his employees.
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So you can talk to the managment once you get the copy of the altered money order and see if they will voluntarily refund your money and late fees or give you a credit. If not, you would have grounds to file suit against them in small claims court for breach of contract. But once you show them a copy of the money order, they should just agree to give you credit.
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You can also pursue formal criminal charges against the office manager if you choose to by filing a criminal complaint for forgery and theft...
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Barrister and 4 other Consumer Protection Law Specialists are ready to help you

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

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Barrister