What can I do if I loose the rent check from my renter, and they will not give me another one?

Question

Hello-



I have a town home unit up in Monticello. My renter pays me $500.00 rent on the 1st and 15th of every month.



I received a $500.00 money gram check on 1/5/07 for the 1st month’s rent in January. I unfortunately lost the $500.00 check I was given. Money order can refund a check if the purchaser has a receipt. If my renter says. “Sorry, I can’t help you with a receipt”. What can I do? Can I with hold the $500.00 from her security deposit?



What would be the difference if I purchased a $30,000 car from you and you lost my check? Does that mean you are out $30,000 for the car?





Thank you for your help!!

Scot Cybyske

Answer 1

Well she is obligated to pay the rent and without the receipt there is no proof that she actually paid it. She should have stopped payment on the first check once you told her it was lost. They can re-issue another check if the first one was not cashed.

(I assume she thinks you are either irresponsible or you are trying to get paid twice and that is why she doesn't want to help you.)

Answer 2

Each of you needs to work to get it paid. if you lost it that sucks, but the renter is still obligated. The renter can check with the bank and put a stop payment on the check that they originally sent. There is a fee for this.... Call her bank and ask what a stop payment fee is. Tell her you will deduct the cost of the stop payment if she will cut you a new check for rent. So, $500 - fee= new check amount. If she just does not want to cooperate - you can withold her security deposit at the end of the term. Be careful, you may end up with nothing left at the end incase of damages....try to preserve the deposit if you can.

Answer 3

Money orders are tricky. I just had to get one refunded for $183, and it involved calling them to place a stop payment, and then mailing the stub along with $12 and waiting 30 days for my money back.

If the renter says they dont have the receipt, well then bummer for you, becuase you're asking them to pay twice.

If someone paid you $30K for a car in cash and you lost the cash, yes, you'd be out $30K for the car. That is more similar than a personal check being lost.

Answer 4

Ask the renter to put a stop payment on the check and pay the stop payment fee for them. This way they will not worry that you will cash both checks. You should give the renter a receipt for the rent they pay, and keep a copy for yourself. Next time be more careful with the check!

Answer 5

I dont know what the laws are, but it would be pretty messed up if you held this persons security deposit because you lost the check. He/She paid you the money that was owed...therefore, it is now in your hands. If you lost my check and then took my security deposit because I threw away my receipt (if thats what happened) thinking that i wouldnt need it, then I would take you to court.

Answer 6

If that is how they sent payment they should have kept a receipt to protect themselves just in case something like this did happen. If they didnt that is their problem and tell them the January Rent is PAST DUE. maybe when you called them and informed them of the lost check they decided to get it refunded and tell you they didnt have a receipt? something to think about also. But in the Meantime Inform them the January Rent is Past Due

Answer 7

Unfortunately for you, if your renter doesn't want to help you - or can't because they don't have receipt - its not their problem. They didn't give you a check to withdraw against their bank account, they gave you a money order which is basically like cash since they already paid out the money for it. If they gave you $500 cash and someone stole your wallet, its not their responsibility to give you another $500.
Sorry.

Answer 8

What you do is follow the procedure in your state for filing a non-payment of rent complaint. Some states require notice, others don't.

It is their responsibility to keep receipts and to cooperate in getting a replacement. Even without a receipt, it can be tracked.

It would be your responsibility to cover any fees for this since you were the one who lost it.

Filing a non-payment complaint will force them to take you seriously. They are obligated to cooperate in getting you a replacement.

Answer 9

Why it the renters responsibility to help you? It's not their fault that you lost the check. You might try being nice to your renter, they just might help you but they do not have to.

And to answer your other question, yes if we took a check for a $30,000.00 vehicle and lost it and the buyer would not help us, we would take it in the shorts because it would be our fault.

Answer 10

I don't really think there's alot you can do. The renter held up their end of the contract by paying you on the date that they were supposed to, it's not their fault that you misplaced the check. Their part is done. No offense, but why should they be held accountable for your lack of responsibility.