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I moved into my house in the middle of November. The landlord agreed to let us pay our deposits in payments ($100/week). We paid the first $100 the week we moved in. Now, almost three months later and two months after finishing paying the deposit, they have sent me a letter stating they did not receive that payment and that I owe them more money. The rental company and landlord have a history of money problems (not paying taxes on rental properties, bankruptcy, etc.) I no longer have my money order receipt because it was paid in November and we have talked to them several times since without a mention of this problem until now. What options do I have?
Your options are to learn from your mistakes and pay by check and/or get a signed receipt from someone you give a money order to, along with keeping the copy of your money order receipt.
You have no proof you've paid. This isn't a good scenario for you.
You can attempt to find an alternative copy of the money order from the money order company. If you paid cash it is a little harder but not impossible. Go to where you got the money order from and talk to them.
Outside of you proving you made the payment you don't really have options.
I purchase a money order from the Post Office once. The person claimed I did not pay them. Went back to the Post Office and within a week I had proof. They can track it. You might want to check with the place you purchased your money order.
Even if she finds the receipt for the money order - that's no proof she actually gave it to them. It just means she bought one.
With the receipt the money order can be tracked and a copy of the signed and deposited check provided as proof of payment. If it turns out it wasn't deposited then a refund can be issued and the OP can provide new payment.
With the receipt the money order can be tracked and a copy of the signed and deposited check provided as proof of payment. If it turns out it wasn't deposited then a refund can be issued and the OP can provide new payment.
Any time you make a payment ask for a receipt. Also make sure you take a picture of the money order with your camera and save it to a file in your email so you will always have access to it. Take a picture of the receipt that anyone gives you from now on when you request it if they don't offer it. If they say they can't give you a receipt you can write your own one out and ask them to sign it. If something seems shady take your phone out and videotape the transaction.
The thing that seems shady is that they would wait 2 months to let you know they don't have it. Tell them you have the receipts and you will need time to find them. Maybe the money order company can find proof that they were cashed call them and ask and let them know you only have the amount and the dates and who it was paid to and see if they can help.
They may have lost the money order, but too bad it's on them. You gave it to them and paid it. If you pay someone cash and they lose the money you don't have to pay again.
You said you knew they were shady with money so you have to be the one to make sure you get proof of any payment. There are a lot of crooks out there along with the good people. You have to protect yourself from the crooks.
Last edited by LifeIsGood01; 03-07-2018 at 06:58 AM..
I moved into my house in the middle of November. The landlord agreed to let us pay our deposits in payments ($100/week). We paid the first $100 the week we moved in. Now, almost three months later and two months after finishing paying the deposit, they have sent me a letter stating they did not receive that payment and that I owe them more money. The rental company and landlord have a history of money problems (not paying taxes on rental properties, bankruptcy, etc.) I no longer have my money order receipt because it was paid in November and we have talked to them several times since without a mention of this problem until now. What options do I have?
The post on this thread--with few exceptions--are absolutely terrible.
First, lets be clear on something. Assuming this issue were ever to go before a court, the landlord (the one bringing the action) would have the burden of proving their case, not the other way around. That's how our legal system works, folks. In this case, the landlord would very much have to explain why they are just now pursuing an alleged missed payment from almost five months ago. Judges are smart people and they would not be inclined to side with the landlord on that issue, especially if all the other payments were made as agreed.
Moving beyond that though, it is extremely unlikely they would move forward with legal proceedings over a measly $100 given the circumstances. Assuming they'd be using legal counsel, their lawyer would likely be very upfront with them about their chances for success and the fact that the potential lost cost (filing fees, legal fees for themselves and the tenants) would be exponentially greater than the $100 in question.
The landlord is--at best--on shaky ground, from both a legal and common sense position.
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