Rent stolen out of landlord's mailbox

[Nora51]

I mailed my August rent on the first as I do every month. I put the correct address and postage on it, and placed it in a locked mailing receptacle that is theft-proof. My landlord says she never received it, and has filed a police report as she apparently suspects it was stolen out of her non-lockable mail box. I use money orders to pay my rent. In the envelope there were three money orders totalling $1,095. Here's my question: I feel uncomfortable forking over another $1,095 before I've received a refund on the original money orders. The fine print on the (Western Union) money order makes me think they sometimes reject requests for refund. For example, it says the loss must be reported "immediately". I'm notifying them by mail tomorrow, 14 days later. It took this long for us to determine that the money orders were indeed lost. What if this does not qualify as "immediate"?

I told my landlord today that I felt that I was accepting all the risk and expense (it will cost me $45 in fees to request a refund), when I did everything on my end to make sure that my rent got to her. She blames me for using money orders instead of a check, which would be easier to stop payment on, and cheaper too. I have very good reasons for using money orders instead of checks, however, and legally it is my option to use them, isn't it?

Our relationship has been good so far and I don't necessarily want to risk her ire by telling her I won't be mailing a replacement until I have the refund in hand, but I feel she is accepting less than her part of the responsibility for the situation. Am I legally obliged to mail a replacement check right away? The money order says it takes 30 days to process a refund.

Any advice would be greatly appreciated. I'm in Washington State, btw.

Nora





2)What is the name of your state?What is the name of your state?What is the name of your state?

[justalayman]

until she recieves the rent, you have not paid your rent and are susceptable to whatever action she chooses to take up to and including eviction.

You can take it from that as to should you pay again.

Have you tried cashiers checks? they are easier to deal with than money orders.

[OHlandlord]

Ok Nora, I understand the situation, but I am confused on one point. In your post you stated that you placed the rent into "a locked mailing receptacle that is theft-proof ." Further down you say the LL reports "it was stolen out of her non-lockable mail box." So which was it? Did you put into a locked receptacle for rent or her unlocked mailbox?

[Nora51]

Thanks, Justalayman. No I haven't thought of cashier's checks. What makes them easier? Where are they sold? Do you know how much they cost?

OHlandlord, I mailed it FROM a locked mailbox that has only a tiny slot to push the outgoing mail through. I mailed it TO my landlord, who lives in another city and has one of those old fashioned mailboxes that can be opened by anybody. Thanks for any input!

Nora

[LindaP777]

Originally Posted by OHlandlord

Ok Nora, I understand the situation, but I am confused on one point. In your post you stated that you placed the rent into "a locked mailing receptacle that is theft-proof ." Further down you say the LL reports "it was stolen out of her non-lockable mail box." So which was it? Did you put into a locked receptacle for rent or her unlocked mailbox?

It sounds to me like the tenant mailed the rent from a lock mailing receptacle, but the landlords (receiving) box is not locked. So the tenant deduces that the theft came at the LL end and not hers.
Could just be lost in the US Mail, as well. I had a tenants rent check arrived 2 months after the dated postage mark. The envelope was intact and we have no clue where is had been from the time it was dated until it arrived at my office.

[FarmerJ]

Nora Banks sell cashiers checks

[BL]

If the Landlord did not receive the rent in money orders , you owe rent , as the rent has not been paid .

I do not think " Immediately " means much , and it is under 30 days . Put a tracer on them.

You must eat the tracing fees .

On a side note : What is the requirements of how you pay rent to the LL ?

[moburkes]

Also, you can CALL the money order company right away. You will just need to mail the proof of the receipts for them to trace them. They will charge a fee to reissue the money orders, though.

[OHlandlord]

Originally Posted by LindaP777
It sounds to me like the tenant mailed the rent from a lock mailing receptacle, but the landlords (receiving) box is not locked. So the tenant deduces that the theft came at the LL end and not hers.
Could just be lost in the US Mail, as well. I had a tenants rent check arrived 2 months after the dated postage mark. The envelope was intact and we have no clue where is had been from the time it was dated until it arrived at my office.

Linda, that's what I was thinking. When she said a locked receptacle I was wondering if she meant a drop box at the LL's office. But I see she just dropped it in the corner mailbox. The LL is not responsible for lost or misdirected mail. Some LLs won't even direct you to mail the rent to them, if you do it is your responsibility. (I'm one of those. And it states clearly in my lease that you are responsible if you choose to mail it. It needs to be in my hands on rent day.) Heck, I've heard of letters that were lost for decades, only to turn up when they moved the old postal machine years later. Fell behind those huge machines. (The post office even tried to deliver them after all that time!) Call the money order company and pay the rent in the meantime. You may have the new money orders in time for next month's rent.

[Nora51]

This advice has been so helpful. Thank you all very much.

moburkes, when I call the money order company there is no option to actually talk to a human being. Apparently they want everything done through the mail.

Blond Lebinese, what do you mean by a "tracer"? Is this through the US mail or the money order company? My postal carrier didn't mention anything about this.

OHlandlord, I didn't use a corner mailbox. I used the outgoing mail slot in the locked mailing receptacle that I share with 7 other neighbors. It may not be completely theft-proof but it would take some ingenuity to get mail out of it.

I didn't realize mailing was considered only an option or a convenience for the tenant. Since my landlord lives a prohibitive 50-mile drive from the rental homes she owns, to me it is a necessity. I can't imagine anybody driving to deliver their rent in this day and age. If the responsibility for delivery lies solely on the tenant and the mail is unreliable, what are the other options?

Thanks again for all the help, I'm so glad to have discovered this forum.

Nora

[moburkes]

I don't know that OH LL is right on the issue of mailing. In most cases, the moment you put it in the box it is considered mailed/paid. I know it is NOT with credit card companies, though.

I was also waiting for you to say that your LL didn't live around the corner. That was a bad assumption on OH LL's part.

[BL]

Tracer through the M/O Co.

[CA LL]

As others have stated..YOU are responsible to ensure the LL gets their rent payment. You CHOOSE to use the riskiest of all (other than cash) payment methods and because you CHOOSE to do so, you must "pay" the consequences when something goes wrong like this.

The LL has every right to evict you for non payment so I suggest you copy the LL on ALL documentation you do with the M/O company including copies of receipts of the M/O, the letters requesting tracers/refund, etc.

Checks are the safest form of payment. Next come certified bank checks. I strongly suggest you use one of those two in the future. You don't say WHY you choose not to have a checking account but that is the safest method of payment for you and the LL. I suggest you get one.

[moburkes]

Writing a check wouldn't have solved the problem about the theft or misplaced mail, though.

[Alaska landlord]

From the LL point of view there is no reason to believe you sent out the payment. You could have made the whole thing up. Tenants that don't have the rent can come up with all kinds of excuses and this one is an old one.