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Rent check delivered to landlord, then stolen

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RoyHobbs9

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

I rent an apartment. On May 1, I delivered my rent check to the rental office through a drop slot by the office's front door. The drop slot is made available for tenants to deliver checks when the office is not open. On May 3, a notice (to all tenants) was placed on my door that indicated the theft of an unspecified number of checks through the drop slot. The notice advised tenants to check their accounts for "any suspicious activity and feel free to cancel your check and re-submit a new check for May's rent." For me, it was too late to take action. The check was cashed, apparently though a fraudulent account.

I had to close my checking account because of the compromising situation, and then open a new account. My bank gave me copies of the cancelled check, one of which I gave to the rental office.

Today I received my monthly rental bill and it included a "past due balance" (the amount of my May 1 check) and a $100 LATE FEE. My question is this: How do I deal with this bill? I would think that, because the check was delivered to the office and stolen from there (and they filed a report with the police), I am not obligated to pay them again.
 
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Stephen1

Member
Did the landlord receive your rent? Sounds like he did not receive it. So, you didn't pay May's rent. The LL is due the rent. Sorry that your check got stolen when it was in transit between you and the LL (i.e. you had dropped it into the box but the LL hadn't gotten it yet). Pay the rent.

Let's use this analogy. Your employer sends you your paycheck (let's say he drops in onto your desk when you aren't there). Someone steals the check so you have no money. Would you accept the boss saying "I dropped it onto your desk so I don't have to pay you any more. Sorry it was stolen."? I expect that you would tell the boss that you hadn't been paid and you still needed to be paid.
 

LdiJ

Senior Member
Did the landlord receive your rent? Sounds like he did not receive it. So, you didn't pay May's rent. The LL is due the rent. Sorry that your check got stolen when it was in transit between you and the LL (i.e. you had dropped it into the box but the LL hadn't gotten it yet). Pay the rent.

Let's use this analogy. Your employer sends you your paycheck (let's say he drops in onto your desk when you aren't there). Someone steals the check so you have no money. Would you accept the boss saying "I dropped it onto your desk so I don't have to pay you any more. Sorry it was stolen."? I expect that you would tell the boss that you hadn't been paid and you still needed to be paid.
I agree with this advice, but not for the same reasons that you are giving. The check was fraudulently cashed and therefore her bank has the eventual obligation to restore the funds to her. Therefore she has the eventual obligation to pay the landlord.

However, I do believe that dropping a check into a drop slot is constructive reciept, therefore the 100.00 late fee is totally uncalled for...and if the bank does not eventually replace the funds because the bank determines that the check was not fraudulently cashed, then I do not believe that she is obligated to pay the landlord.
 

RoyHobbs9

Junior Member
Thanks, Stephen1 and LdiJ, for your replies. So the check is not considered received even though it was inside the rental office when stolen? Therefore, wasn't it stolen from the LL, whether or not the LL retrieved the check? As for my bank, I gave them all of the pertinent information and they replied that they are not responsible for reimbursing the stolen funds. :(
 
Since the drop-box or lockbox is property of the landlord / management and that was where it was stolen then it is the problem of the management. I would suggest you do two things: 1) get a copy of the incident or police report and that should say exactly what was broken into - that it was the property of the landlord and 2) call an attorney on this
I would say that no you are not responsible for May's rent or a late fee. The box was the responsibility of the property owners to be made secure - and honestly - to let you know the minute it was broken into so you could have called your bank to stop the payment of the check. These things don't take overnight usually - at least 2 or 3 days - so there again the fault of your property management.

If someone gave me a check that check becomes my property. If someone breaks into my house or car or pickpockets me - then the check was stolen from me and it's my loss. This landlord is trying to pull something on you and I don't like it!

Also - is there any indication what bank or cash checking place paid the check? Seems like that place should be responsible too for not checking for valid ID. Wonder if you can call the police on that one.
 

Who's Liable?

Senior Member
Thanks, Stephen1 and LdiJ, for your replies. So the check is not considered received even though it was inside the rental office when stolen? Therefore, wasn't it stolen from the LL, whether or not the LL retrieved the check?
The drop box is a convenience tool property management gives to their tenants. No where does it state in a lease or on the box that dropping of funds into said box constitutes "payment". ONLY a receipt from management constitutes payment.

As for my bank, I gave them all of the pertinent information and they replied that they are not responsible for reimbursing the stolen funds. :(
That is because the bank has done nothing wrong. You're issue has nothing to do with them, but the property that cashed the check fraudulently. You will need to pursue legal action against them.


Since the drop-box or lockbox is property of the landlord / management and that was where it was stolen then it is the problem of the management.
Incorrect. Common misconception. Drop boxes are a convenience tool given to tenants by property management. See above.

I would suggest you do two things: 1) get a copy of the incident or police report and that should say exactly what was broken into - that it was the property of the landlord and 2) call an attorney on this
I would say that no you are not responsible for May's rent or a late fee.
A waste of money that could go to paying May's rent.

The box was the responsibility of the property owners to be made secure - and honestly - to let you know the minute it was broken into so you could have called your bank to stop the payment of the check.
Please quote where it specifically states this in the OPs lease.

These things don't take overnight usually - at least 2 or 3 days - so there again the fault of your property management.
Incorrect again.

If someone gave me a check that check becomes my property. If someone breaks into my house or car or pickpockets me - then the check was stolen from me and it's my loss. This landlord is trying to pull something on you and I don't like it!
Incorrect.

Also - is there any indication what bank or cash checking place paid the check? Seems like that place should be responsible too for not checking for valid ID. Wonder if you can call the police on that one.
Incorrect again.

You're all over the place!

On a side note, I do believe management should waive the late fee. A slap in the face to an already red cheek.
 

Antigone*

Senior Member
Thanks, Stephen1 and LdiJ, for your replies. So the check is not considered received even though it was inside the rental office when stolen? Therefore, wasn't it stolen from the LL, whether or not the LL retrieved the check? As for my bank, I gave them all of the pertinent information and they replied that they are not responsible for reimbursing the stolen funds. :(
That is not true Roy. You need to file a check fraud claim with your bank. If you file the claim in a timely manner (within 2 statement periods) and follow the procedures, your funds will be returned.
 

Banned_Princess

Senior Member
Until that time, you still owe rent and a late fee, because the LL did not receive the funds. actual funds, not just the promise to pay, which is all a check is really.
 

BL

Senior Member
On May 3, a notice (to all tenants) was placed on my door that indicated the theft of an unspecified number of checks through the drop slot.
File a Police report .Actually they should have filed one .

If so see if you can obtain it .

Request the late fee be waived because they did have the check in their possession.

Request they work with you on this to make up rent in installments for that month .

I do not know how banks handle this .

Find out what entity your bank is under and call them about details .
 

Zigner

Senior Member, Non-Attorney
Recommend you no longer use that slot ! If the check was cashed, get a copy of the back before they destroy it (and yes, they now destroy checks, some law went into effect several years ago; you may still be able to get your cashed checks back by asking your bank to send them back to you).
The copy that can be obtained from the bank's records suffices.
 
And, Roy, the endorsed check counts for your "receipt" of payment. Who actually cashed is not for you to worry about; a judge would say the same. This is hardly the cut and dry case some responses would lead you to believe, and that's why you should call a lawyer.
 

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