Rent Payment Lost in the Mail

**tenant02** · 06-16-2006, 05:30 AM

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.

**aaron** · 06-16-2006, 06:28 AM

If you mailed the check by certified mail, the post office should be able to trace it through their system if you request that they do so.

Do you usually send your check by certified mail?

**tenant02** · 06-16-2006, 06:36 AM

Thanks for replying! I always mail it certified and I was told that the mail has to be missing for 14 days before they will investigate. Meanwhile, I've been checking online with the certified mail receipt number and all it shows it that I've mailed it.

**Mr. Knowitall** · 06-16-2006, 06:55 AM

I would try pressing the verification angle - maybe if you talk to the right person they'll do you a favor.

I would also consider checking with the issuer of the money order to make sure that it wasn't cashed. You may be able to get a "stop payment" on the original money order, and to have it reissued, although they would probably charge a fee for that service. You could then pay your landlord.

**tenant02** · 06-16-2006, 07:00 AM

I'm going to try that, hopefully something good will happen. I haven't even been here for six months yet and I can't afford 2 payments in one month (even though the lost m.o. will be given back eventually) and I really can't afford to be evicted. Can I be evicted for something like this?