Is it legal for a landlord to evict you if he recived your payment but lost it and is now kicking U out w/3day

Question

My friend needs help. She sent in her payment,they recived it and lost it before cashing it. Now he is evicting them and only giving them 3 days to do so. Is there anything she can do? Or anyone she can call? most important is that Even Legal??

Sorry It was a money order

Answer 1

Does she have a copy of her check if so they'll have 2 bring her 2 court cause there is no 3 day evition call your local court house they'll tell you the landlord is trying 2 pull a fast one.Have her call the town hall building inspector put in a report againest this person they are doing her dirty believe me I know my ex tendants tried a few things but this isn't legel
Good Luck

Answer 2

Your friend is still able to pay. Just because the landlord lost the first payment is no reason not to give them the rent. It happens, and your friend should be understanding of this and cooperate fully to make the payment. Although without putting any additional moneys at risk over and above regular rent. I would however ask tha landlord to be patient and wait a spell top see if the payment clears at the bank. The payment could have been stolen by someone how is going to cash it. If payment clears the bank, I would consider rent paid in full and landlord has wrongfully terminated tenancy. This would mean the landlord is in violation of rental agreement and friend should be able to bring suit againest landlord for expenses of moving, etc...

Answer 3

She can stop payment on the check and send a new one. If there's any fee for stopping payment she'd be within her rights to deduct that from the replacement check.

She should check with her bank and see if the check has been paid. If the LL endorsed it and cashed it, a copy of the canceled check will stop any eviction dead in its tracks.

If she paid in cash and has her receipt, she only needs to show that to the judge if it ever goes to court. However if he does file the formal eviction action, she MUST respond to it by the deadline in the court papers or he WILL get a default judgment against her.

Answer 4

i don;t think it's legal but i think it depends on the state that you live in....
1. How does she know they received it on time......? Did she hand it to them personally or mailed it. Because it sounds a lil'wierd that they'll kick them out and only give them 3days If they got it on time and they misplaced it. They'll be losing a lot more by having to find new tenants...UNLESS this is an occurring problem.

2. They (ur friends) should look at their leasing contract which could state the amount of days a landlord has to give them.

Answer 5

Since the money order was not cashed she can go back to the bank and get another one. She will be OK within the 3 days.

And yes, this is completely legal.

Answer 6

If it was a check and your friend will not be out any more money, see needs to reissue the check if she fails to do so she could possable be kicked out, if they cashed it and then lost the money they are at fault and she is not responsible for there stupidity she needs to contact an attorney.

Answer 7

if they acknowledge receipt of payment, then i think the ball is in her Court but will need to appear in court to defend her side

she should start the process to get a new money order, to demonstrate is is playing it fair, i would believe the judge would assume as long as she is taking the necessary step to replace the money order she is OK

she should not bare the responsibility to pay for one money order then another based on the negligence of the landlord

Answer 8

She DOES have a hire. In NJ leases are perpetual. which potential whilst a term hire expires, it right now renews on a month to month foundation. In NJ there's no protection to non-cost of hire. which potential the tenant can the two pay and stay, or in the event that they do no longer pay ... a warrant of removing is issued. whether they request a worry stay ... all the lower back hire could desire to be paid and the hire going forward could desire to be stored cutting-edge. If a tenant claims maintenance could desire to be made, etc., all the lower back hire could desire to be paid into the court docket with a view to get a listening to and inspection. the business enterprise made a great mistake in letting the area circulate in this long. if that they had filed magnificent away, the girl in all likelihood could have gained public suggestions and that they might have gained hire. No word is needed by utilising regulation for non-cost of hire in NJ (except it grew to become into specific interior the hire), so the business enterprise grew to become into thoroughly dropping her time by utilising giving the tenant notices and conversing along with her. submitting for non-cost might have given the tenant the quickly-track into the homelessness prevention software because of the fact she has babies. the business enterprise shot herself interior the foot by utilising no longer submitting magnificent away. The decide is permitted to offer a a million week extension for an orderly removing after the warrant is served. It takes a pair of week after the court docket date for the warrant to be processed. After the tenant is bumped off, you may desire to circulate away the situation vacant for 10 days because of the fact if the tenant gets all the money from social amenities, she would have the ability to get a decide to permit her lower back in. Then your determination is to report for eviction based upon the certainty that the hot proprietor needs to occupy the premises. Sixty day word is needed for that, after which you may desire to report for possession if the tenant hasn't vacated.

Answer 9

I think they need to take a piece of pipe to the L.L.office and clean house till they find the check.

Answer 10

I'm pretty sure you HAVE to
give people a months
notice.
=/