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Well, to try to be concise... The county where I live has…

Customer Question
Good morning. Well, to...

Good morning. Well, to try to be concise... The county where I live has been going thru a rash of stolen Rent Money order and check thefts. I don't watch the news, I watch Netflix in spare time, but several people I know, HAVE seen it on our local news. The thrives use a long stick with something sticky on the end, and access our community bussiness office through the rent payment drop box slot.during the middle of the weekend nights to obtain, wash, and cash peoples rent payment money orders. I was one of the victims- have my receipt, yet the office took 6 weeks to notify me my payment t was stolen, and is threatening eviction if I don't pay up in full plus $100 late fee. If they would have let me know when this all happened, I would have had that few days window to have put a stop order on that money order, but Am Scott told me it has been cashed, now. By the way- I own this Mobil home in full where I live- just have to pay lot rent. Have lived in this community for nearly 10 years- and have never been late on my rent in my history here. Thank you for any help and advice. Donna

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Clearwater, Florida

Lawyer's Assistant: Has anything been filed or reported?

Hmmm. No dockit or Case # ***** the form left on my door- just a rather threatening worded form. The woman in the office says they are just "middle men" - but that it's coming if I don't take immediate action. I live month to month- I cannot give them a second Nov. rent payment plus late fee just like that, until this is resolved, honestly. Evidently the Police department is well aware, and are very busy with all the volume of such cases. I have been trying for two days to reach the detective on the case- but still have not gotten any respon se

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing else I can think of off the top of my head. Thank you.

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
12/14/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,304
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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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Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm sorry to hear about your situation. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they failed to notify you within some reasonable time so you could perform. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. If their failure to adequately perform frustrated your ability to perform, then you would also have a defense to any breach of contract action that they may bring. This could be very useful in case they try to actually evict.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

What other questions did you have for me today?

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