CanI be issued an a eviction noticeif my money order was stolen from the rental office drop box?

UPDATED: Aug 23, 2011

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CanI be issued an a eviction noticeif my money order was stolen from the rental office drop box?

Asked on August 23, 2011 Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue is "factual," not "legal."

Legally, your responsibility is to pay the rent to the landlord; what happens to it after that it not your responsibility. If you have given it to the landlord, you have paid your rent--even if it is later stolen, lost, etc.

The problem may be proving that it was actually paid into the drop box. You can prove, with the money order receipts, that you bought the money order; but proving that you gave it to the landlord (and not that it was stolen or lost from you, for example) may be difficult, if the landlord doesn't think that you did. So in this case, if the landlord believes that you never paid the money, they could in good faith try to evict you; you can defend by testifying in court and otherwise trying to prove that you did put the money order(s) in the drop box.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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