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Additional Details<... |
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Judyskiis | Renter's dilemma...can he evict me? |
Rent is due on the 15th of every month and should be made by money order and mailed to a p.o box. I mailed my rent payment on the 16th and on Sat. the 25th he comes to my home and gives me a 3 day "pay rent or vacate" notice. What's going on? I faxed him a copy of the receipt shortly after I mailed it and now he's telling me he never received it. He says I must have made a mistake and that the bank told him that the money order had been cashed. What do I do?
Additional Details
I went to my bank and was provided a copy of the paid money order. None of the information I had written was the same. The recipients name was altered, my signature was someone elses, and even the address it was for had been changed. It's been placed under investigation and I will be filing a police report today. |
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jml167
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You need to follow up with the bank and see if the money order has been cashed and by whom. If the landlord truly did not cash the money order, than the person who did committed fraud and the bank needs to know about it. Once you have established that fraud has been committed, you need to talk to your landlord again. Hopefully he will see that this was not your fault. If not, you may need to take him to court to get an injunction to stop the eviction. I don't know what the laws are in your state, so you will need to do some research. |
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Craig T
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" the bank told him that the money order had been cashed"
Lots of things are wrong if that happened
1) how does the landlord know where the MO was purchased at if he never got it?
2) he would need to know the number of the MO, even if he knew the bank it was drawn on, which he shouldn't if he never got it
3) he has NO legal right to ask the bank if a MO was cashed and the bank if they told him just committed a violated your privacy and likely banking regulations
Did you buy the MO at a local bank? Or did you buy it at a convenience store, post office or Wal-Mart/K-Mart, et al? If you are like most people you are not going to pay the $2 (or more) that a bank charges for MO and buy one from the post office (.95) or one of the others I listed (.49-.75) in which case there is NO CHANCE the landlord could check on whether it was cashed or not without have the information from the MO he says he never received!
I'd say the landlord is lying if he told you that the bank told him the MO had been cashed.
Note to hatlady - what she got is the first step in the eviction process. Most states do have a fairly short period for that first notice (3-5 days) here in IL, I post what is commonly called a 5 day demand which is the same as she got only they have 5 days, if they don't then the landlord has to file for eviction (which adds to the costs the tenant has to pay) then if not paid before the court date you have a hearing, judge issues an eviction order (usually) and the tenant is given a few days to vacate or be vacated by the sheriff (which consists of them moving your stuff to the nearest public area{street} and if people driving by take your stuff sitting there, thats the tenants problem)
Note to Chris -
Hate to tell you this but not only are you wrong but you are VERY wrong. In Washington state, a landlord can serve a 3 day demand if you are ONE DAY late
Day 1 - rent due
Day 2 - 3 day demand (must accept full rent if offered)
Day 6 - Eviction case filed
Day 13 - tenant answer - ie appear in court
Day 14 - order to show cause if answer/tenant no appearance
Day 15 - sheriff serves writ
Day 19 -first day Sheriff can enforce writ(72 hours after service)
Day 20 or 21 - writ is usually enforced - sheriff comes and tenant is physically evicted
Day 24 - date sheriff is REQUIRED to have fulfilled writ (ie removed the tenant)
http://www.fremontpublic.org/client/shelterltt3.html
so if a tenant hasn't paid rent in full by the 5th, a landlord CAN have the tenant on the street in LESS than a month |
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Hatlady
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The bank should also be able to tell you WHO cashed the money order.
Did you send it by certified mail with a return card? If you did, then you have proof that he received it.
Check to see if you have a Tenant's Union in your area. Most are listed in the phone book.
The Secretary of State's office may also be of assistance.
The laws in your area may allow for more than 3 days notice. In fact, most states have a fairly long, drawn out legal process before they can evict you.
Also read your lease to make sure you know where you stand.
Good luck. I hope this helped. |
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all4equines
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any way you can ask the bank to tell you who cashed it? Usually you have to have an account or show ID so I would think they could find out who cashed it. If not then even tho you may have shown your landlord the receipt, he didn't get paid (unless he's the one who cashed it & just is trying to con you) so you'll have to pay him again. In the future mail it as a registered letter so you can get a receipt for it (with a signature of who got the check) |
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Chris
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In most states, eviction is a long and difficult process - I know that in Washington you can't even begin the eviction process untill the renter is 3 months without a payment. Look up your local renter/land lord laws and see what it spells out for your area - a good place to start that is on your city's web site. |
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Rainey
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I do not know what state you are in but in my state your landlord cannot evict you 3 days. Thats insane. Also, if you have proof of your rent being paid (a receipt) then he needs to check his information again not you. I'd check more with the bank on that. BTW, was the payment made by check or money order? |
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spadezgurl22
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ok so tell your landlord theres obviously an error and u need to get front and back copies of check to trace it and see who cashed it. Bring it to the bank it was cashed by and they can see who signed and cashed the check. ask your landlord to give u some time to resolve this as you have every intention of paying your rent and u have a reciept proving u did. no court will evict you if u should reciepts of payment. |
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Southern Comfort
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sorry I answered your question about finding theperson who stole your MO and cashed it..I doubted you..you are in a bind..the landlord does not have to cut you any slack as it is not his fault it was stolen but if you show him proof he can decide to give you some time..hope he does |
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poopsmearedkitten
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cookies! |
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CJKatl
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Call the company that issued the money order and tell them it was stolen. You need to also file a police report. And if it was stolen in the mail, call the postal inspector's office, too.
I cannot imagine that the first time you were late the landlord wanted you out. However, if you have a pattern of paying late, then this might just be the last straw. |
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Ron Burgundy
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Why a money order?Why not a personal check?Something sounds very shady.I would use a personal check so you have proof that he cashed it. |
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meandnadine
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You admit to paying late.
It will be up to you to figure out what happened to the money order.
If he didn't receive it, he has every right to evict you.
Contact the people you go the money order from and see if they can determine what happened to it.
To stop the eviction process, you need to get him paid while you investigate this. |
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