If my landlord lost my security deposit and my first month’s rent, do I have to pay this again?

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If my landlord lost my security deposit and my first month’s rent, do I have to pay this again?

My landlord lost my security deposit and first month’s rent while mailing the checks to the bank. I paid with money orders so I can’t cancel the check. I went to the stores that issued the money order and they wouldn’t reissue them even though I had my receipts. I’m not going to pay these fees again. I just want to know if I have the law to back me up. PS. I have in writing that the landlord has acknowledged receipt of my payments.

Asked on November 21, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have receipts for the money orders you gave your landlord for the security deposit and first month;s rent in hand, I would make a couple more copies of them as a safeguard for you. You are in a good situation with these receipts forn ot having to pay the landlord against for something that you already did.

You are in a better situation due to the acknowledgment that the landlord received these payments but lost them. To protect yourself further, get your landlord to sign something in writing that he received these payments from you but he or she lost them.

From what you have written, you made your payment for the security deposit and first month's rent. You do not need to make the payments again.


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