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  1. #1

    Default What are a Tenant's Rights if a Landlord's Postal Center Loses the Rent Check

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

    Our lease requires us to pay rent to my landlord's small Postal Center in the form of a cashier's check. Every month, an employee receives the check and puts it in his box. No receipts are ever given. Have been in this lease for 7 months and never had a problem. On Sept 4, I received email from my landlord saying they haven't received the check. I checked with the postal center and they remember me dropping it off, and began to search the entire store. They eventually put it in writing that they lost the check. My landlord is aware of this and has received all documentation of this from both the postal center and my bank. On Sept 8, he threatened eviction. Can he even do this?? I have paid my rent to the location specified in our lease, on time, and in the form he requires. Can he threaten eviction or file or eviction when I have proof of purchase from my bank and admission of guilt in writing from the postal center? Cashier's checks take 90 days to be cancelled or reissued, and that money has been removed from my account. I cant pay rent twice and that is essentially what he is asking me to do. Appreciate any and all advice and information. Thanks!

  2. #2
    Join Date
    Feb 2008
    Posts
    1,157

    Default Re: My Landlord's Preferred Postal Center Lost My Rent Check (a Cashier's Check)

    I am surprised that the postal store assumed liability and responsibility honestly -- whatever you do, do not lose that they "put it in writing"..... And hopefully you mean that payment procedure is spelled out in your written lease.... You should be able to claim that it is between the landlord and the Postal Center if he does try to evict you for non-payment. And honestly they need to re-think that payment system, and hopefully they will due to this happening. Personally I would write up a receipt for them to sign as his agent that they received your payment each and every time you pay.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What are a Tenant's Rights if a Landlord's Postal Center Loses the Rent Check

    Exactly what does "landlord's small Postal Center" mean? Are were talking about some sort of business that your landlord owns? The lease specifically requires payment by cashier's check, and only by cashier's check?

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