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In July, I paid my rent for my apartment with a money order from Western union. 3 days later, someone broke into the leasing office and stole all the rent money. I have been trying to get a refund from western union and haven't received anything yet. The property managers have been asking for the money and I have been getting bills saying that my rent is past due. Can I legally be held responsible for the money?
NO: The rent money was tendered by you as required and was in the possession of the landlord when stolen. As such, the landlord is liable for their stolen money and technically, their insurance should make them whole. You are not required to pay them twice.
YES: You have a duty to pay the rent again if you receive a refund. If you get a refund, you must immediately pay the rent that was due. The landlord can not charge you a late fee or report it as late so long as you immediately pay the rent to them once you receive that refund.
Western Union can stop payment on a money order that has not been cashed yet.
Did you ask WU if it had been cashed, when you first called them? If not, you should have been able to stop payment and get them to issue you a new one.
If it was cashed by someone other than who it was made out to, seems to me WU should refund you, but I do not know.
I think you should contact your local Legal Aid office. They will help you for free. Do it Monday.
In July, I paid my rent for my apartment with a money order from Western union. 3 days later, someone broke into the leasing office and stole all the rent money. I have been trying to get a refund from western union and haven't received anything yet. The property managers have been asking for the money and I have been getting bills saying that my rent is past due. Can I legally be held responsible for the money?
You paid your rent in full and on time, they were robbed, not you. They have insurance for stuff like this and if they don't, oy!
anyway, keep calling WU..refunds do happen, but it takes some time. If you can get a copy of the police report, do so. It might help move things along with WU. Think about using a cashiers check from your local bank..easier to refund and reissue and many banks have them for free.
Your landlord shouldn't be asking you for repayment when you already made you payment (you do get a receipt from them when you hand over payment right??) Contact legal aid first thing today so you can cover your butt.
Did you get a receipt? Then you paid your rent. Its not your fault rent was stolen. I wouldn't lift a finger. If you is id cash and it was stolen do they exect you to sy agin?
If you get the money back from WU then yeah pay the rent otherwise its on them.
Last edited by Electrician4you; 08-26-2013 at 06:36 PM..
I think you should do whatever necessary to get the money order cancelled. But you should not owe any late fees, just repay it once you are refunded by Western Union.
NO: The rent money was tendered by you as required and was in the possession of the landlord when stolen. As such, the landlord is liable for their stolen money and technically, their insurance should make them whole. You are not required to pay them twice.
YES: You have a duty to pay the rent again if you receive a refund. If you get a refund, you must immediately pay the rent that was due. The landlord can not charge you a late fee or report it as late so long as you immediately pay the rent to them once you receive that refund.
if the ll made a insurance claim you do not have to pay again he would be double dipping
whoever stole the money order should not have been able to cash it if it was made out to the complex.
if you get the credit to your account then you have not paid rent yet. if the money order was cashed than your beef is still with the usps for cashing it .
my guess is you may have to lay it out and fight to get it back as crazy as it sounds.
it is like a check. if your check was stolen you are responsible for issuing another one to pay the rent .
if the check was cashed by someone other than who it was made out to your beef is with the bank not the landlord. the landlord gets paid regardless. checks and money orders are not cash, they are still tied to you at the hip like it or not since you are the only one who can deal with it and you get the credit to your account.
i have to side with the landlord on this one since it was not cash and everything links back to you fighting it out..
Last edited by mathjak107; 08-28-2013 at 04:02 AM..
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