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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38899
Experience:  Retired (mostly)
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I pay my rent by weekly to my landlord who is located in

Customer Question

I pay my rent by weekly to my landlord who is located in another state via money order from my bank. I have rented from her for over 12 years. I have been doing the money order thing for about 2. Recently I received a letter from her that she is missing one. I sent her a copy of the receipt from the bank. In order for me to stop payment there is a fee - it remains unpaid at this time. Who is responsible for that fee
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Other than the letter she sent me & me going to the bank to see if the money order has been cashed. No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well, it seems every time there is a major repair (the water pump just went out) she gets very nasty. We do all minor repairs out of pocket. Not worth her calling us names & being mean. I've maybe been late 2 times in 13 years
Submitted: 3 months ago.
Category: Legal
Expert:  socrateaser replied 3 months ago.

Hello,

You should be able to get the bank to tell you if the money order was actually cashed. If you can do this, then that means it was received and you can show your proof to the landlady. That would make her liable for the cost of your obtaining proof. But, to collect, you would have to sue in small claims court -- unless the landlady voluntarily pays. And, that would be a giant pain.

It's not fair, for sure, but you have the obligation to pay rent, and if you don't pay in full, the landlady can commence a summary action for possession/eviction. Your only protection is to pay the rent in full, and then sue to recover the cost of proving that you paid the rent timely.

In the future, you could use priorty mail, so that you have a tracking number. But, that costs money, too. If it were me, I would use a checking account with a bill payment feature, so that you have proof positive that your checks are reaching their destination -- and if they don't, then the bank will have to resend at its expense.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 3 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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