If my landlord lost my rent money, is it my responsibility to eat it or his?

I sealed my rent money in the envelope my landlord sent me and dropped it in his drop box, which he told me to do, and now he is telling me he never received it. And he claims it is not his responsibility to eat it. what can I do about this?

Asked on September 8, 2011 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have proof that you deposited your monthly rental to your landlord then you are not obligated to pay double rent for the same month due to his claim that he never received it.

I have a feeling that you deposited cash in the drop box as opposed to a check or money order where you would be able to get a copy of the check or money order to demonstrate the payment was made.

If you paid cash for your monthly rental and did not receive a receipt from you landlord for its payment, you have the burden of demonstrating that the payment was made unfortunately. This is why I always suggest that tenants pay their rent by check, cashier's check or if by cash, they receive a receipt dated and signed by the landlord or the landlord's agent at the time payment is made to avoid claims that the rent was not paid by the landlord.


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