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Landlord is claiming we only sent half of the rent.

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myg

Junior Member
What is the name of your state (only U.S. law)? MISSOURI

Hi there. On October 14th, we got a message from our landlord, claiming he received only $350 of our $650 rent. We use money orders. My fiance had purchased one for $300 and another for $25, since they don't do any over $300 at Quick Trip. We have until the 4th before it is considered late. He got his around the 29th-30th of September, and on the 1st, handed them over to me to fill out, along with the envelope. On the 1st, I signed off on all of them, filled out the envelope and sent him with cash to Hy-Vee to get my $325 money order and mail them all off, in the same package. We always do it this way, and I have done it like this for the ten years I have lived on my own, without issue. On the 14th, I got a message on our answering machine claiming that on the 2nd, he had received only half of our rent. I called him back and left a message, explaining that there should have been multiple money orders, and asking which institutions' money orders he had actually gotten. The next day, he left us a message accusing me of "arguing," never answered the question and informed us that he had only gotten one money order, made out for $350, and that we were now on the line for a $20/day late fee. We never sent a money order made out for that amount, and he dodged our question. My fiance called him back, and the landlord answered. My fiance is a calm and friendly guy, not prone to being hostile or anything like that. He explained our confusion, and that we have receipts for the money order that seems to be in question (the $300 one). He brusquely said, verbatim, "I don't need receipts, I need my goddamn money, and I'm in a meeting." Then he hung up.

My mother is lending us $300 for now until we can get the money order refunded; however we are finding this whole situation suspicious. We have contacted Hy-Vee for surveillance footage, since that is where the money orders all went into the mail. They called back confirming my fiance purchasing the final money order and putting it in the mail, with nothing left behind or dropped. We are concerned about these supposed late fees, since we have done our part. Do we have enough proof to stand ground in court to avoid these fees? There are other shady dealings our landlord has done as well, including shutting off our water for a mistake made on part of a particular utility company, which as I understand, is a violation of Missouri law. Thank you for your time.
 


Gail in Georgia

Senior Member
Does your lease address late fees? While Missouri landlord/tenant law does not cover late fees, if your lease does not specifically address this, the landlord cannot suddenly pull one out of a certain body orifice and begin charging you this.

In addition, a $20 a day late fee conveniently brought up 12 days after receiving the initial rent could be argued in court as simply a way of collecting an extra $240 out of tenants each month. In other words, a landlord might be able to charge a certain amount after a date but expecting so much per day then waiting almost two weeks to notify a tenant of a potential issue simply to get them to fork over more money in late fees is not likely to fly in a court.

Tell your landlord you have documentation that the appropriate amount of money order was purchased and mailed but that you will replace this money order but not the late fees and if he persists in demanding these funds he will need to sue you for these and that you will have your documentation as evidence to show the court that you do not owe this money.

Gail
 

FarmerJ

Senior Member
In the future you may want to stop using money orders and ask your LL if he will open up at his bank ( if its in the same town or has a branch near you ) a rent deposit acct so you can pay your rent at that bank. Or to start sending your mailed rent money orders by certified mail (but that wont stop the LL from losing one then claiming other wise) If he wont open a rent payment acct for you , your still free to use his bank to buy cashiers check to pay your rent with, that bank can even type his name into it and at least if he lost it then it may be easier to get the funds replaced that is is with a money order.
 

myg

Junior Member
Thanks to you both. We now have a 3-day eviction notice on our door, and I am waiting a call back from a local attorney. We were already planning on replacing the $300 tomorrow, but the notice states that if we don't pay $500 we will be evicted. I am almost positive this 3-day eviction letter is illegal, especially since he is not talking to us.
 

Gail in Georgia

Senior Member
What your landlord has likely provided you with is a 3 day Pay or Quit notice. It is NOT an eviction notice but rather the beginning of the eviction process.

It is NOT illegal. It is what a landlord must do when initiating an eviction. They must provide the tenant with a chance to "remedy" the situation; in this case, pay what is owed. The landlord does not have to speak to you in person regarding any of this and, indeed, I don't when my tenants are late on their rent.

IF you "remedy" the situation within this time period, then the process of eviction goes no further.

If you pay only the $300 and not the $500 it is likely the landlord will initiate the eviction process with the court with the claim that you have failed to pay ALL that he claims you owe. If so, you will notified of a hearing and have a chance to show your evidence that you have paid.

AS PREVIOUSLY STATED, DOES YOUR LEASE INDICATE A LATE FEE AND IF SO, WHAT DOES THIS STATE?

IF IT DOES NOT INDICATE A LATE FEE, A LANDLORD IN YOUR STATE CANNOT SIMPLY COME UP WITH ONE.

IF IT DOES STATE A $20 PER DAY LATE FEE, THEN YOUR ARGUMENT IS THAT THIS IS AN EXCESSIVE FEE AND SHOULD NOT BE INCLUDED IN WHAT HE CLAIMS YOU OWE AS YOU HAVE PROOF THAT YOU PROVIDED AND MAILED THE ENTIRE RENT AT THE BEGINNING OF THE MONTH.

I hope this makes sense.
Gail
 
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myg

Junior Member
What your landlord has likely provided you with is a 3 day Pay or Quit notice. It is NOT an eviction notice but rather the beginning of the eviction process.

It is NOT illegal. It is what a landlord must do when initiating an eviction. They must provide the tenant with a chance to "remedy" the situation; in this case, pay what is owed. The landlord does not have to speak to you in person regarding any of this and, indeed, I don't when my tenants are late on their rent.

IF you "remedy" the situation within this time period, then the process of eviction goes no further.

If you pay only the $300 and not the $500 it is likely the landlord will initiate the eviction process with the court with the claim that you have failed to pay ALL that he claims you owe. If so, you will notified of a hearing and have a chance to show your evidence that you have paid.

AS PREVIOUSLY STATED, DOES YOUR LEASE INDICATE A LATE FEE AND IF SO, WHAT DOES THIS STATE?

IF IT DOES NOT INDICATE A LATE FEE, A LANDLORD IN YOUR STATE CANNOT SIMPLY COME UP WITH ONE.

IF IT DOES STATE A $20 PER DAY LATE FEE, THEN YOUR ARGUMENT IS THAT THIS IS AN EXCESSIVE FEE AND SHOULD NOT BE INCLUDED IN WHAT HE CLAIMS YOU OWE AS YOU HAVE PROOF THAT YOU PROVIDED AND MAILED THE ENTIRE RENT AT THE BEGINNING OF THE MONTH.

I hope this makes sense.
Gail
Yeah, this does make sense. There is a late fee charge in our lease, and you are correct, and my argument does concern the late fee being charged because we have proof that we mailed it on time. We are hoping to work that issue out when we deliver the disputed $300 tomorrow, in person. It's just frustrating because he waited for 12 days before letting us know that the entire rent never made it. Had he let us know immediately, we would have been able to deliver the missing money within a couple of days, still having the full amount by the 4th, thus avoiding *any* late fees.
 

BL

Senior Member
put tracking/tracer on the alledged missing money orders ,there will likely be a fee. let the landlord know you have done so. The LL might just all of the sudden found them.

I had such an incident with one of my auto payments. low and behold it showed up online as a payment.
 
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