Who is responsible for lost rent?

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Who is responsible for lost rent?

I put my rent as per my landlord in a tin mailbox that he applied to the outside of my garage. When he went to check for it, it was gone. Am I required to pay again? So now he has served me with a 3 day notice which expires today.

Asked on April 19, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, once you put your rent into the landlord's hands--which includes placing it into a recepticle or container that the landlord designated for that purpose--you have honored your obligations under the lease and the risk of loss passes to the landlord; that is, if you gave the rent to the landlord or placed it in drop box or the like which the landlord said you could or should place it into, the landlord, not you, is responsible if it is lost or stolen.

Practically, it may be very difficult to prove that you did this; and if you cannot show at court that you paid the rent, the landlord may be able to evict you for nonpayment. Assuming the check or money order has not yet been cashed or deposited by any third person, it may be best to put a stop payment on it and reissue it to the landlord.


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