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Landlord VOIDED a Money Order - Is this LEGAL?!

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What is the name of your state? California

My Landlord returned my rent payment, which was paid BEFORE the due date, with a VOID marked through the U.S. Postal Service Money Order. He returned it in the mail with a statement that said I had OVERPAID- with no notification of adjustment of the rent, so I had no warning. I took it to the Post Office, along with the stub/receipt from purchase, and they said it could be 60-90 days before I get a refund - IF he didn't already cash it. I asked how this was possible that he could have already cashed it, and they said that some banks write VOID on them after they are cashed, so they can't be certain he didn't just return this after already cashing it!!!! They also said it could be Money Order Fraud, where he prints a copy of the Money Order and then just marks "VOID" on it so I think that it hasn't been cashed (when in reality, it might have been in fact cashed). When I asked the Post Office, they said they did not believe this was legal for him to do. They stated the only persons authorized to void a money order is the issuing bank/Post Office in this case. Is this illegal? Furthermore, he sent me a 3 day notice to pay or quit my lease paper just 3 days after this incident. In the paper he demanded "the correct adjusted amount." Of course, if he wasn't being a jerk he could have just cashed the former money order and wrote a check for the remainder, which he could have refunded OR he could have just returned the whole money order, unharmed, which would have allowed me to receive a refund quickly (since I kept ALL the receipts and have all the records). Instead, he has attempted to evict me using this insane method. Is there anything I can do besides filing the missing money order report with the Post Office? Can I file a report somewhere against the landlord, since he basically is using this against me now and it wasn't even my fault? When I took it to the local police they said because the Post Office was involved it was not a local issue. Where do I go?! The FBI?
 


It's important to note that the owner of the Rental Company is the one that signed the letter and stated "HE" voided the money order, implying it was him. He didn't seem to see a problem with this in the letter with the returned voided money order.
 

HRZ

Senior Member
Unless the MO was for less than the rent and the LLsought to avoid issues of partial payment ...he makes no sense...and per your version, he wrote you had overpaid. ...If you tendered good funds on or before the due date...ask him to explain...and let it go to court if LL makes no sense...that's going to be a fun one to explain for LL.
 
Here is the letter I received, and on the second page they attached with a staple the voided money order, with VOID in sharpie marker across the front.

Dear (Tenant's name)

At 5:15 p.m. on 4-27-18 someone dropped a money order rent payment for (address of residence) through the payment slot in the lobby. The amount was (amount of rent paid). That amount is incorrect, so we have marked the money order "VOID", and we are returning it to you enclosed.

We expect you to pay us the amount of (new rent payment, less amount than what was paid), by 5-1-15.

Sincerely,
Joe Bob
Joe Bob's Rental Company

BTW the letter actually states 2015; it's 2018.
 
Unless the MO was for less than the rent and the LLsought to avoid issues of partial payment ...he makes no sense...and per your version, he wrote you had overpaid. ...If you tendered good funds on or before the due date...ask him to explain...and let it go to court if LL makes no sense...that's going to be a fun one to explain for LL.
Yeah according to the Landlord it was overpayment. But it's clear just a few days later the plan was to evict by 3 day notice when I didn't pay the new amount. Sooooo yeah, it's basically a set up to ensure I don't have the funds (in the new amount) because they VOIDED them.
 
So how much was the MO and how much is your monthly rent?
My monthly rent is $835. The new requested amount is up to the 15th of the month (never paid this way before, was always monthly) and is $404... makes no sense. Also my contract is on a monthly basis... so this also doesn't make sense.
 
Unless there was a letter explaining this (which I did not receive!) I don't get why the $835 is incorrect, except to attempt eviction by 3 day notice.
 
BTW, the courthouse in the county said to ignore it, for now, unless I get an unlawful detainer, which I must respond to by law (or be evicted). I went to the "FREE HELP," but they didn't help with the money order issue. They appeared to have never seen this before.
 
The 3 day notice has been more than 3 days and I did not receive an "unlawful detainer" yet, btw. But I also don't have my money, and the Post Office says I won't for 60-90 days... supposing the investigation turns up that it was NOT cashed.
 

HRZ

Senior Member
IF you overpaid that's going to be a fun one for LL to explain to judge!

BTW ...how much notice of new rent did you get?

BTW, in addition to incorrect date, the notice you got via mail does not appear to meet the requirements of notice ..if that's all you got?
 

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