If my property manager’s car was broken into and my money order was taken and cashed, can she make me pay rent again?

I have a copy of her police report stating under “items taken” my money order for rent. In other words, I have proof that she received my rent and had it in her possesion. What I failed to do before mailing it to her was fill in the payee. Not knowing much about MO’s I only filled in the payer part with my name and address. It got cashed 8 months go and now shes coming after me for it. She says that I’m responsible because I did not put a payee. She can’t be right, can she?

Asked on August 19, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as there is proof that you in fact paid rent to the landlord's agent (property manager) and the rent payment (money order) was taken by way of theft from the property manager's car (per police report) you are not obligated under the law to bear the loss of the property manager's neglect in having the rent payment stolen from him or her. You paid the rent for that month once. You do not need to pay it again under the law.


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