Hi everyone . I have a question about a rent payment that was lost in the mail. I live in a duplex and my rent is due by the first of the month but I don't have to pay a late fee unless it's received by the landlord after the sixth of the month. I'm usually on time but this month I mailed the payment on the fifth. Due to the short distance between us my landlord always get's the payment the very next day. And this was fine with my landlord when the same thing happened two or three months ago.
Now, the problem is that I sent the money order by certified mail on the fifth and the landlord still hasn't receive it almost two weeks later. When I check with the post office the only info. they have is that I mailed it - they don't know where it is now. My landlord is calling me almost everyday asking for another payment which I don't have. Now I received a letter stating that the eviction process has begun.
So who is legally right? I have proof from the money order receipt, the certified mail receipt, and a print out from the post office stating that I sent the money and sent it on time. The lease doesn't say anything about lost payments. Any help will be greatly appreciated. Thanks alot.