If my landlord lost my cashiers check and bank wont replace it for 90 days, what can I do?

I used a cashiers check payable to my complex to pay my rent. I deposited on time in the night drop box because the office was closed. The check was sealed in an envelope with my apartment number. My apartment number was also written on the check. The landlord says they can’t find the check. My bank says I must wait 90 days, then buy an indemnity bond to replace the check. My landlord says they can’t wait 90 days. I don’t have money to pay an extra months rent and don’t have credit to get a loan.

Asked on July 16, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am hoping that you got a receipt for the cashier's check from the issuing bank.  If you did I would copy the receipt and advise your landlord, in writing and by certified mail, how and when you deposited the check (in the night drop box made available to the tenants for deposit of rent checks) and advise the landlord - nicely - that you consider the rent for the month paid and that you will not be replacing the check if the office lost it until such time as the funds can be traced.  What may in fact happen is that he threatens to evict you and indeed starts a proceeding.  I do not think that he will be successful although it will be a hassle for you.  Good luck.


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