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

UPDATED: Jul 16, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 16, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 12 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption