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Rental property. Residential rental agreement written by

rental property. Residential rental...
rental property. Residential rental agreement written by property mgt states: "Tenant assumes all risk of payment until payment is actually received by Landlord. Rent is not paid until received. Rent shall be payable to Tower Property Resources, at ...."11 mo Tenant paid on time put in drop box provided on bldg which Property Mgt leases an office. 12th pmt stolen out of box. Property Mgt says they are not responsible because it was not in their hand. They have not received it, even though outside their office, they are not responsible. Tenant says they paid as always with Money Order in box. Money Order stolen has been cashed. Police report filed.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Tucson, AZ Stolen from box 9-7-17.
JA: Has anything been filed or reported?
Customer: Yes. Police Report filed by property mgt. Tenant contacted Western Union reported theft, advised today it was cashed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Property mgt says it is convince not their property. Now installing box into their immediate office.
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Answered in 1 minute by:
9/20/2017
Roy Hadavi
Category: Legal
Satisfied Customers: 985
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Unfortunately, this is a dispute that will have to be decided by either a mediator, arbitrator or a court. From the language of the lease, an attorney could argue either side of this dispute.

You may want to tell the landlord that you are willing to submit the dispute to mediation or arbitration to settle the matter. This way the dispute does not escalate and cost both sides more money than necessary.

The difference between mediation and arbitration, is mediation is not binding unless the parties sign an agreement at the end of the process, while arbitration is binding.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 2 months ago
OK Property Mgr. said "I want to reiterate that the Dropbox is provided by the office building (I do not own) where I am a tenant. It is there for the tenants to use at their own risk they they choose to drop off rents after hours. Our lease specifically states that rent is not pais until received by Tower. The rents were never in my hand or possession."

Unless the lease specifically states that information, it does not strengthen the landlord's side.

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Customer reply replied 2 months ago
OK TKS for your assistance

You're very welcome!

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Customer reply replied 2 months ago
b4 this stolen incident happened Property Mgt signed new lease with same tenant for one more yr. Can we evict and start over?

A signed 1-year lease cannot be terminated without cause for termination. The lease should state the grounds for early termination.

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Customer reply replied 2 months ago
seems like we need to negotiate with the property mgr.

That is the best option.

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Customer reply replied 2 months ago
TKS

You're welcome.

Did you have any other questions?

Roy Hadavi
Category: Legal
Satisfied Customers: 985
Experience: Attorney at Law Offices of Rosenstein & Associates
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