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essa | Is it legal for a landlord to evict you if he recived your payment but lost it and is now kicking U out w/3day |
My friend needs help. She sent in her payment,they recived it and lost it before cashing it. Now he is evicting them and only giving them 3 days to do so. Is there anything she can do? Or anyone she can call? most important is that Even Legal??
Additional Details
Sorry It was a money order |
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sugarbdp1
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Does she have a copy of her check if so they'll have 2 bring her 2 court cause there is no 3 day evition call your local court house they'll tell you the landlord is trying 2 pull a fast one.Have her call the town hall building inspector put in a report againest this person they are doing her dirty believe me I know my ex tendants tried a few things but this isn't legel
Good Luck |
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bostonianinmo
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She can stop payment on the check and send a new one. If there's any fee for stopping payment she'd be within her rights to deduct that from the replacement check.
She should check with her bank and see if the check has been paid. If the LL endorsed it and cashed it, a copy of the canceled check will stop any eviction dead in its tracks.
If she paid in cash and has her receipt, she only needs to show that to the judge if it ever goes to court. However if he does file the formal eviction action, she MUST respond to it by the deadline in the court papers or he WILL get a default judgment against her. |
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Rex
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Since the money order was not cashed she can go back to the bank and get another one. She will be OK within the 3 days.
And yes, this is completely legal. |
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David L
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Your friend is still able to pay. Just because the landlord lost the first payment is no reason not to give them the rent. It happens, and your friend should be understanding of this and cooperate fully to make the payment. Although without putting any additional moneys at risk over and above regular rent. I would however ask tha landlord to be patient and wait a spell top see if the payment clears at the bank. The payment could have been stolen by someone how is going to cash it. If payment clears the bank, I would consider rent paid in full and landlord has wrongfully terminated tenancy. This would mean the landlord is in violation of rental agreement and friend should be able to bring suit againest landlord for expenses of moving, etc... |
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goz1111
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if they acknowledge receipt of payment, then i think the ball is in her Court but will need to appear in court to defend her side
she should start the process to get a new money order, to demonstrate is is playing it fair, i would believe the judge would assume as long as she is taking the necessary step to replace the money order she is OK
she should not bare the responsibility to pay for one money order then another based on the negligence of the landlord |
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woah.imissyou
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I'm pretty sure you HAVE to
give people a months
notice.
=/ |
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biged
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If it was a check and your friend will not be out any more money, see needs to reissue the check if she fails to do so she could possable be kicked out, if they cashed it and then lost the money they are at fault and she is not responsible for there stupidity she needs to contact an attorney. |
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answerit
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I think they need to take a piece of pipe to the L.L.office and clean house till they find the check. |
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BeeGirl
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i don;t think it's legal but i think it depends on the state that you live in....
1. How does she know they received it on time......? Did she hand it to them personally or mailed it. Because it sounds a lil'wierd that they'll kick them out and only give them 3days If they got it on time and they misplaced it. They'll be losing a lot more by having to find new tenants...UNLESS this is an occurring problem.
2. They (ur friends) should look at their leasing contract which could state the amount of days a landlord has to give them. |
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