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Loren, Attorney
Category: Legal
Satisfied Customers: 34029
Experience:  30 years experience representing clients.
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My rental office asked tenants drop rent payments through a

Customer Question

My rental office asked tenants drop rent payments through a mail slot on the front door of their office. Recently there was a theft and several tenants had their rent payment stolen through that same slot. The leasing office is holding us responsible for missing payment, and even suggested that I file a claim through my personal rental insurance (again, this did not happen in my place of residence). I have filed a claim through Amscott where I purchased the money order, and was told that it could take 30-45 days to process the refund. I passed this information along to them so they are aware of the time frame, but they recently put a 3 day demand notice on my door. Since it was their lack of security that caused this issue, am I responsible? Can they give me a 3 day notice even when I've told them what the situation is with Amscot?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Florida...The money order was purchased on 12/1/16
JA: Has anything been filed or reported?
Customer: The leasing office reported the theft to the police
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 8 months ago.

Does the management company acknowledge that the payments were stolen from their office?

Customer: replied 8 months ago.
they filed a police report
Expert:  Loren replied 8 months ago.

Then the management office is liable for the loss, not you. You tendered rent as instructed and once it went through the slot where they instructed you to deposit it then the risk of loss passes to them. They are responsible to secure the payment once it passes to them per their instruction.

So, no, they can not evict you. Nor should you be making a claim on your insurance. This is their loss and they should make a claim on their insurance.

Customer: replied 8 months ago.
Just as I thought...thank you so much for your fast response!
Expert:  Loren replied 8 months ago.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!


Expert:  Loren replied 8 months ago.

Did you have further questions before you rate my service to you?