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Landlord Won't Accept Late Payment of Rent Following Theft of Money Order

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  • 08-09-2014, 08:22 PM
    FinalJudgement
    Landlord Won't Accept Late Payment of Rent Following Theft of Money Order
    My question involves an eviction in the state of: Washington

    In the month of October 2013 my father brought the correct amount of money in the form of money orders that were encapsulated in an envelope with are units details written on it. He dropped them into the rent box that the apartment complex provides for its residences. The following day he received an alarming call from a member of the staff alleging that she did not receive the rent money and she insisted it may be a miscommunication between her and a janitorial employee.

    Realization that the money had been stolen she finally contacted my father via cellphone, a considerably long time after the fact, asking him to cancel payment on the money orders. He tried but they had already been 'washed' and illegally cashed. We received photocopies of the poorly washed money orders weeks later and spent money out of our own pocket to begin the investigation/refunding process.

    It's now August of 2014 they've been constantly battling with us accepting all of are rent money beside this current month, they're now "refusing" to accept the payment of August 2014 alleging that we did not pay July of 2014's rent (We have receipts documenting they accepted July's rent.) They're attempting to charge us for the stolen rent of October 2013 by falsely accusing us of not paying July is this legal? They refuse to accept August 2014's rent and have served us with a three day or vacate notice. :wallbang:

    I appreciate everyone's insight, thanks.
  • 08-10-2014, 07:43 AM
    gail in georgia
    Re: Landlord Won't Accept Late Payment of Rent Following Theft of Money Order
    Did Dad report the stolen money order to the police and if so, does he have the report of such?

    And from your posting, have you paid August rent late?

    Gail
  • 08-10-2014, 10:01 AM
    FinalJudgement
    Re: Landlord Won't Accept Late Payment of Rent Following Theft of Money Order
    Quote:

    Quoting gail in georgia
    View Post
    Did Dad report the stolen money order to the police and if so, does he have the report of such?

    And from your posting, have you paid August rent late?

    Gail

    Hi Gail,

    To answer your question there's no documented police report due to an explicit request made by the manger of the property, claiming she was already in contact with a local officer.

    They will not accept are rent for this month, despite us trying to pay them in full. They've made us late, and insist we pay them late charges for them not accepting. They're also attempting to double charge us for a month of rent that was already paid we have documentation to prove it.

    So basically, I'm just wondering If It's legal for them to falsify documentation stating we did not pay a month we clearly can prove we did.
  • 08-10-2014, 12:29 PM
    Mr. Knowitall
    Re: Landlord Won't Accept Late Payment of Rent Following Theft of Money Order
    Quote:

    Quoting FinalJudgement
    View Post
    He tried but they had already been 'washed' and illegally cashed. We received photocopies of the poorly washed money orders weeks later and spent money out of our own pocket to begin the investigation/refunding process.

    And the company that issued the money order didn't care that you couldn't provide a police report? They didn't report the matter to the police, themselves? What was the outcome of the investigation?
    Quote:

    Quoting FinalJudgement
    It's now August of 2014 they've been constantly battling with us accepting all of are rent money beside this current month, they're now "refusing" to accept the payment of August 2014 alleging that we did not pay July of 2014's rent (We have receipts documenting they accepted July's rent.)

    So their position is, in fact, that you never paid October 2013's rent, and that since that date you have been paying your rent a month late? Such that what you call "July, 2014" rent is regarded by them to be the late payment of rent for June, 2014?
    Quote:

    Quoting FinalJudgement
    They refuse to accept August 2014's rent and have served us with a three day or vacate notice.

    Do you in fact mean that they are willing to accept rent payment, as long as it is payment in full, which means paying both the current month and the additional months' rent owed due to the money order going missing?
    Quote:

    Quoting FinalJudgement
    View Post
    To answer your question there's no documented police report due to an explicit request made by the manger of the property, claiming she was already in contact with a local officer.

    What did you learn when you followed up with that officer?
  • 08-10-2014, 01:58 PM
    FinalJudgement
    Re: Landlord Won't Accept Late Payment of Rent Following Theft of Money Order
    Quote:

    Quoting Mr. Knowitall
    View Post
    And the company that issued the money order didn't care that you couldn't provide a police report? They didn't report the matter to the police, themselves? What was the outcome of the investigation?

    We used Western Union, I do not believe they filed a police report themselves? The money orders were so poorly washed that you could literally still see my mothers signature along with partially being able to see who they were made out to (My apartment complex) It's a complete mystery how anyone could see them and think they were legitimate. Western Union has refused to refund the money due to lack of sufficient evidence.

    Quote:

    Quoting Mr.Knowitall
    View Post
    So their position is, in fact, that you never paid October 2013's rent, and that since that date you have been paying your rent a month late? Such that what you call "July, 2014" rent is regarded by them to be the late payment of rent for June, 2014?

    Their position is they never received the rent payment of October 2013, in attempt to receive such payment they're trying to double charge us for the month of July 2014.

    Quote:

    Quoting Mr.Knowitall
    View Post
    Do you in fact mean that they are willing to accept rent payment, as long as it is payment in full, which means paying both the current month and the additional months' rent owed due to the money order going missing?

    Of course, they believe they're entitled to money that stolen basically from their office. Due to insufficient evidence It looks like we're just going to have to give them the money. My parents will be disputing the eviction, they're going to consult with a man or woman at a local regional justice center to attempt to get rid of the late fees.

    Quote:

    Quoting Mr.Knowitall
    View Post
    What did you learn when you followed up with that officer?

    To the best of my knowledge she never contacted anyone, she assured us that it was going to be taken care. In hindsight we should have informed the police on the spot, regardless of her request not to. We're going to pay what we owe and if we continue to live here we're going to request her written permission for my father to record himself hand delivering the rent check to them directly every month. I feel like them knowing everything they say or do is being recorded will stop them from lying any further.
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