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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29118
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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It appears my tenants tent checks were stolen out of my

Customer Question

It appears my tenants tent checks were stolen out of my mailbox and cashed. They sent the payments to the address I gave them. I was traveling at the time (in Florida) and asked the tenants to send to an address there. This has been done before with no issue. Tenant and property are in California. What are the next steps by me and/or tenant? Does the tenant have to send me another check? I would feel horrible to demand that
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 5 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Were the checks cashed by whomever took them?

Customer: replied 5 months ago.
We don't know that information yet. The tenant's bank is researching who cashed or deposited the check and where.
Expert:  Loren replied 5 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, if the checks were delivered as you instructed and stolen from your mailbox then, I am sorry to tell you, the loss falls upon you, not the tenant. The tenants rent was delivered to your mailbox and at that point it is upmtomyou to secure their checks.
Expert:  Loren replied 5 months ago.
Of course, if any of the checks were not cashed you can demand a replacement, but for the checks stolen from you which were cashed you would need to seek reimbursement from the person who stole them from you.
Expert:  Loren replied 5 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not  a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Customer: replied 5 months ago.
No, I'm with ya. I would've thought the same thing. The tenants did their part - wrote the check, mailed as instructed. The tenants are getting in touch with their banks. Is there anything else the tenants or I should do. Should I file a police report?Come to think of it, I really can't verify if they were taken out of the mailbox or not. Perhaps, they could've been stolen somewhere along the way. CA to FL is a long trip.
Expert:  Loren replied 5 months ago.
Definitely file a police report and confirm with the tenants that the checks were cashed. If any were not, have the tenants stop payment and issue a replacement.
Expert:  Loren replied 5 months ago.
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