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Photoj7 · Feb 7, 2007, 08:32 AM

Hello,

I just moved into an apartment in January and paid my first month's rent on Feb.1st. I dropped a money order into the payment dropbox for the office at 5 A.M. on Feb. 1st. Yesterday, (Feb. 6th), I got home and found an eviction notice on my door saying that I have until Feb 9th to vacate the apartment due to non-payment of rent. I went to the office immediately, but they were already closed. This morning, I went to the office as soon as they opened and talked to the assistant manager. She said she did remember seeing my money order but doesn't know why the manager sent me an eviction notice. The manager does not come in until later today. What recourse do I have if they lost my money order? It takes up to 30 days to trace a money order and recoup the funds. I am at my wits end with these people.

excon · Feb 7, 2007, 09:04 AM

Hello Photo:

Someone will be along in a minute to give you a much more rational approach than I'm going to. Because, when I'm confronted with incompetence that jeopardizes ME or my money, I'm not going to be soft and delicate

That said... From now on, do ALL your communicating with them in writing, certified, return receipt requested (email works too). If you speak with them, follow it up with a letter detailing the discussion.

Tell them politely that you paid your rent by money order. You have begun a trace, but that it takes up to... blah, blah, blah...

Inform them that you have no intention of paying your rent again. Furthermore, should they evict you, after you sue them for wrongful eviction, they'll be working for you.

excon

RubyPitbull · Feb 7, 2007, 09:40 AM

Well, excon, I saw this post prior to your answering it and expected you to show up! :)
Believe it or not, I am not going to give a "more rational approach."

The first question that came to my mind Photoj7 is, where is your receipt from your money order? This problem arose in a matter of days. If you do not receive a receipt directly from your landlord and you do not have a cancelled check to prove your rent was paid, you always, always hold onto the money order receipt!

If you do not have it, I would suggest you follow excon's advice. If you do have it, follow his advice and instead of explaining it takes such and such days to get proof, make a copy of the receipt, attach it to the letter and tell them to get their act together.

landlord advocate · Feb 7, 2007, 10:36 AM

The first few days of every month is extremely hectic for landlords and property managers. Think about it, there is a check in the lock box for every unit rented. Chances are your money order was used to pay someone else's rent. Did you clearly mark on the money order your name and apartment number? Do you have a common name? There maybe someone else in the complex with the same name. I surely hope you kept the receipt from your money order. The manager has made an error. It wasn't done on purpose. I am sure that if you take a copy of your receipt for the money order into the office, this can get straightened out.

Why the eviction notice? In order to protect the landlord's legal rights, he needs to post an eviction notice. If they accept late or partial payment more than once, they have set a precedence. By their actions they have actually re-written the terms of the lease. From that time forward, the rent is no longer due on the first of the month. It is due on the day the last rent payment was received. This plays havoc when the landlord really wants to evict someone. By posting the eviction notice the landlord is actually saying to you. "pay the rent or leave" When the tenant gives the landlord the rent after the landlord posts the eviction notice, the tenant is saying "I am paying you the rent so I do not have to leave". It is a little complicated to explain. For every action there is a re-action. The landlord is simply protecting his right to evict you in the future if you fail to pay the rent. Go in and talk to the manager... bring your money order receipt. The landlord wants a tenant and you want a place to live... try to get past the typographical error made by the person entering the rent checks.

excon · Feb 7, 2007, 10:42 AM

Hello again, Photo:

Wud I tell you?

excon

Photoj7 · Feb 7, 2007, 07:28 PM

You people are not going to believe this. After much SEVERE agitation and A DAY OF MISSED WORK, I was finally able to resolve this issue.

If you're standing up, you need to sit down for this one.

The office manager called me at 2:30 PM today to tell me that they still could not find the money order and it did NOT post to someone's else's account. I had the money order receipt so that's what she used to trace it. It had not been cashed.

So she tells me to come back to the office to pick up my receipt and put a stop payment on the money order. She also said that I needed to pay the rent, plus late fees, by Friday or be subject to eviction. So, I went over to the office. I sat in front of her desk and explained to her that there was no way that the money order could be missing. I placed it in a white envelope with red trim, in the secure, locked dropbox. She had no explanation.

As I was sitting there, I visually scanned the office and my eye was drawn to a white envelope with red trim that was sitting on some boxes on the floor. I yelled, "There's my envelope!" It was there all along, sitting on a dusty box in a corner. The money order was in it. The manager and the assistant manager both blamed each other, apologized to me, and told me to USE A SMALLER ENVELOPE NEXT TIME. The envelope was TOO BIG (it was 5x7 size) and it confused them into thinking it was incoming mail for another resident, even though it was clearly marked "FEB RENT APT. XXX." That was their explanation to me.

UN-FRIGGING-BELIEVABLE!

Thanks for all your help and time, guys! YOU ROCK!

RubyPitbull · Feb 8, 2007, 05:04 AM

HAHAHAH! Photoj7, thank you so much for coming back and telling us what happened. A lot of times, people just disappear and we are left sitting here contemplating our navels! WHAT A GREAT STORY!

Well, now that you know you are dealing with morons, you will have to take extra precautions to protect yourself. :p You sound like a smart enough person that I think you will know how to handle this on your own but, just remember, there are always people here waiting for you. As frustrating as this was for you, just be really thankful you have a bigger brain than they have, you were able to resolve it, AND the best part is you didn't have to shell out extra money waiting for your original money to be returned.

By the way, I have noticed a lot of times that people just use this forum to blow off steam. It is actually a great anger management tool! So, any time you want to rant and rave, come back! Rant away baby! Rant away!:D

ScottGem · Feb 8, 2007, 07:37 AM

First, I'm glad this worked out for you. Second, I would tell the mgmt office that they should not be so quick to evict. I do sort of understand that this being your first rent check, they might have been more antsy, but this appears to be a large complex so they shouldn't be jumping in so quickly.
Third, if you are going to continue to pay by money order, you definitely need to keep your receipts. All you needed to do was produce the receipt as proof that you paid the rental. Of course they could argue that buying the MO doesn't prove you deleivered it, but a judge is unlikely to accept that since there is no advantage to you to not deliver it. Finally, if they don't like the envelopes you use then ask them to provide you with acceptable envelopes.

totallycrazy · Feb 10, 2007, 07:46 PM

Besides keep the reciepts, after you fill out the money order, make a photo copy of it.
I do that with checks too.