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We paid our rent and put it in the area in which the landlord specified. It was a non-secure mailbox on his front porch. We have bank statements for payment of rent. Once it was determined it was stolen, we went thru proper procedures stated by landlord for stolen rent. The money was refunded back to us 12 days after orginal payment date. By that time the landlord filed for eviction and refused to take "late rent". How can this be legal? We went to court with all paperwork showing wht was stated before. The judge did not let us show anything, all he said when informed that we tried to pay but it wasnt accepted was "are u behind on rent... Landlords dont have to accept late rent". We spent in total maybe 45 seconds in front of judge. How can this be legal since we followed the landlords procedure and it was lost while in there position??? Do i have a right to appeal??
First yo are in Texas so you are behind the eight ball already.
Your situation illustrates why a tenant has to absolutely understand rent payments and procedures both as the landlord requires and as a court will interpret.
1. You place the money in an unattended mailbox which translates to you having absolutely no proof you paid the rent.
2. When first informed the rent was not received, you must immediately pay the rent!
3. If you do not pay the rent immediately when told it was not received, you can be evicted for non payment.
Unless you have proof the landlord received the funds, lost payments is all on you to resolve.
We put a money order in the mailbox, when moneygram refunded it, they put the money back into my account that i bought it with. To do that they filed a police report which i had to put a statement of what happened. They were investigating involed parties
We paid our rent and put it in the area in which the landlord specified. It was a non-secure mailbox on his front porch.
In the future, never, ever agree to something such as this. You should always mail your check certified so you get a receipt when it is received. If the landlord won't accept those terms, chances are he's not honest, so you walk away.
In the future, never, ever agree to something such as this. You should always mail your check certified so you get a receipt when it is received. If the landlord won't accept those terms, chances are he's not honest, so you walk away.
Definitely not a normal thing here. I manage 170 rentals. About 1/2 of those tenants mail their check (the rest walk into our office and hand us their check or cash). Exactly 0 of them send the check certified. In the 15 years I've worked here, I've never received a rent check sent certified mail. I wouldn't have a problem if someone wanted to send their check certified every month, but it definitely isn't something that everyone does.
We put a money order in the mailbox, when moneygram refunded it, they put the money back into my account that i bought it with. To do that they filed a police report which i had to put a statement of what happened. They were investigating involed parties
It takes a lot longer than 12 days for moneygram to refund 'lost' money orders.
Like it or not, you were in the wrong. You should've had a replacement check in your landlord's hand within MINUTES of his saying the check wasn't there.
I've never had rent sent certified or even with certificate of mailing.
Many drop it by the office in person... others mail and one building is still collected.
It sounds like the owner decided it was time to end the relationship.
As far as legal... I'm in no position to second guess a Judges ruling where you were present.
I've only had two landlord's in my life, but I've never mailed a check either...it gets hand delivered on the first or before the first if it's a weekend. I paid my rent today...I'll be busy on Monday and may not have time drop by the landlord's so I made sure I did it today.
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