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  1. #1
    Join Date
    Jul 2010
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    6

    Default Eviction After Mail Theft

    My question involves landlord-tenant law in the State of: Washington

    Some months ago I put the monthly rent in the form of a cashier's check in the mail/drop box of the appartment complex. It was broken into and many rent payments were stolen. There was no way to claim anything from the cashier check issuer.
    Since then, the robbers were clever enough to actually sign the checks in their own names, and are on video tape doing it! The post-master general is involved, since it is a federal offence -- it is considered a MAIL box.
    The complex refuses to make an insurance claim, and insists that I am responsible, despite the criminal nature. They have even given me now an eviction notice. The police report and a report from the post master are not yet ready.
    Am I really responsible for this mess?? What can be done? I am reluctant to claim it with my home-owners insurance, in case they do not repay later -- nobody will care after I pay. But I should not have to pay 2 times when their property was robbed, right?

    Many thanks in advance!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Eviction After Mail Theft

    What exactly is a "mail/drop box"? Are you talking about your putting payment into your landlord's official U.S. mail box, about your mailing the check via a mailbox located at the unit, or about a check you mailed that was stolen after delivery by the USPS? What exactly does your lease say about how you are to deliver rent payments?

    You should recall that this isn't a question of your paying twice - it's a question of your first rent payment's having been stolen. The question is whether you can successfully shift that loss onto your landlord, or whether you have to absorb it yourself. If it were me, I would see what my insurance company would do.

  3. #3
    Join Date
    Jul 2010
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    6

    Default Re: Eviction After Mail Theft

    It is a drop box outside of their office. It is also considered by the post office a mailbox. The check was put into the box.

  4. #4
    Join Date
    Mar 2008
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    1,995

    Default Re: Eviction After Mail Theft

    Quote Quoting dan brown
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    It is a drop box outside of their office. It is also considered by the post office a mailbox. The check was put into the box.

    First, you said "many rent checks were stolen". If I were you, I would find out the tenants where the rent checks are stolen, and maybe you can all hire an attorney.

    It appears that the landlord may NOT have insurance for this type of thing. I don't know all of the legalites of who "rent checks in the drop box" belongs to, so maybe an attorney would have to look into your local laws.

    I can tell you an analogous story that happened to someone at the bank. Someone was in the middle of making a deposit, placed the money on the money slot in front of the tellers window at the bank. But before the teller got hold of the cash, bank robbers came in, grabbed the cash.

    This person tried to have the bank make good, but the banks defense is "our teller didn't put the hands on it yet, so it is still your money". So what do you do??

    So she went to see an attorney, and the attorney sued the bank, alleging that the total lack of security at the bank caused this to happen, and the bank owes her the loss of the money, and her injuries. I don't think she was injured, but frightened. The bank settled, figuring it was cheaper not to fight the lawsuit.

    In your case, I believe you have a better chance of suing the landlord on the bases of the "lack of security", because it is conceivable that monies left in a "drop box" can be lost or stolen, and if the landlords attitude is that monies in the box "is not their problem, in fact not theirs", why then make a vulnerable box available and then making tenants having to carry insurance on rent payments that can be stolen.

    As to your eviction, your landlord figures it's too much trouble for you to fight it. In your case, the eviction requires a court hearing before the landlord can throw you out onto the street, so if I were you, I would go to court and argue that the money was paid, but stolen, and the responsibility is on the landlord "due to the total lack of security to prevent losses that are foreseeable".

    I'm a landlord, and I can tell your tenants can use the "lack of security" issue in many other ways besides this to beat the landlord over the head.

  5. #5
    Join Date
    Jul 2010
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    6

    Default Re: Eviction After Mail Theft

    What a fantastic answer!! Thank you for the obvious effort you made!

  6. #6
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Eviction After Mail Theft

    Quote Quoting dan brown
    View Post
    What a fantastic answer!! Thank you for the obvious effort you made!

    In case you wonder how I know this fantastic answer, let me tell you what happened to me.

    A tenant of mine was burglarized, several thouands dollars worth of stuff was taken. He was supposed to carry tenant insurance, he didn't, and wanted me to make good.

    I spoke to my lawyer, then my insurance company, and obviously I was told my policy does not cover the tenant's belongings, that he has to get his own tenant policy. I was told my liability insurance only covers my negligience.

    My tenant consulted an attorney, who then got after me for negligience, specifically the lack of security, for allegedly not properly securing the windows or doors, and not notifying my tenant of crime statistic in the area on burglaries.

    I called my lawyer again, and he said "my my, you better file a claim and and have them settle this. You can't defend against this, because I figure you didn't secure your place like Fort Knox". I said "no, I don't collect enough rent to make it like Fort Knox".

    I then contacted my insurance company, and this time it went in as a negligience claim, which I was covered for. They asked me "how much does the tenant want"?? It was settled.

    The tenant was quite snotty during this whole incident, and I didn't renew his lease because he violated it for not carrying the tenant insurance as required. You might want to check if you are required to carry tenant insurance, and if you have it, see if it covers these cases.

    Anyway, I figure your landlord should at least be covered for negligience. LOL

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