the renter are late more then once now they say that the money order was lost and can't pay their rent until Jan 2 ,the law says that you have to wait 3 months to put them out ,rent was due on Dec 7th . What do we do...Help
2007-12-18 13:41:23 · 10 answers · asked by sally B 1 in Business & Finance ➔ Renting & Real Estate
the renters are responsible. If the money order is lost, they have tyo go to where they bought it, with their receipt, and get a replacement. A considerate landlord might give them more time, once they have shown him the actual receipt before they return it to the place of purchase.
If they are habitual late payers, I don't think it would be wrong for you to start eviction proceedings. It may take 3 months or more to go through, but the sooner you start, the sooner it will be done.
2007-12-18 13:47:40 · answer #1 · answered by Ruth C 7 · 3⤊ 0⤋
If the tenant handed the landlord the money order and the landlord subsequently lost it, then it is the landlord's fault.
If the money order is lost in the mail or was not received by the landlord, then the tenant must pay the rent in order to avoid eviction.
I do not know where you are located, but no state in the US makes a landlord wait three months to put a tenant out via eviction.
You seriously need to Google your state's landlord/tenant laws regarding eviction due to non-payment and start the eviction process per the law.
If you've never dealt with an eviction before, I highly recommend that you consult with and hire a local attorney that specializes in landlord/tenant & eviction laws.
2007-12-18 15:32:03 · answer #2 · answered by ? 6 · 1⤊ 0⤋
The renter is responsible for lost rent. They have to put a trace on the money order and they can do that after 30 days, they don't have to wait more than that. You can start eviction now. I don't know where you got 3 months. It may take that long to finally get the out, but you don't have to wait that long to get started.
2007-12-18 15:25:43 · answer #3 · answered by Classy Granny 7 · 1⤊ 0⤋
Read your lease and make sure that you didn't agree that the landlord isn't responsible for flooding. Some landlord's include a clause in the lease stating that they aren't responsible for flooding. If this type of clause is in there you will need to show that the flooding was caused by the landlord's negligence. Something like you reported a crack in the pipe or leaking to him and he didn't fix it quickly or something like that. Either way I would include the deductible in there. You had to pay the deductible because of the flood. BTW, is your insurance company going after the landlord? I ask because if they are then they believe the flood was because of his negligence. You would most likely have a slam dunk case. I'd follow their lead.
2016-05-24 23:32:37 · answer #4 · answered by ? 3 · 0⤊ 0⤋
I would aske them to show you the reciept from the money order. Even if they produce it, they are still late, but you will know from the response wether they are lying or not. With my tenants I always tell them that I still must give the proper legal notices even if they have an excuse for not paying. i always start the eviction process if they are late. If you start accepting excuses they will always have a new reason not to pay you. be freindly , but stern and usually they pony up the money whith the threat of eviction over their heads
2007-12-18 15:50:49 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The tenant is responsible to get to the landlord acceptable payment on time, every month. If the money order was 'lost' (that excuse is as old as the hills), they are still responsible to get payment to you.
File the appropriate notices required by your state law to start eviction procedures against them.
2007-12-18 13:46:10 · answer #6 · answered by acermill 7 · 3⤊ 1⤋
It sounds like nothing but an excuse from a chronic late payer. I'd start the process of kicking them out and maybe they'll get the message.
2007-12-18 14:27:47 · answer #7 · answered by Resident Heretic 7 · 3⤊ 0⤋
plz educate me; where must
you be to have to wait 3 mo?
in all cities i know of, you need to wait 3 days for receipt of rent, then you go to court, the court date is in 5-10 days
and the tenant gets another
15 days to pay or leave--that equals
a max of 33 days.
2007-12-18 16:11:34 · answer #8 · answered by kemperk 7 · 1⤊ 0⤋
You start the eviction process so that you gan put them out as soon as possible. You also tack on any late fees allowed in the lease.
2007-12-18 13:45:56 · answer #9 · answered by Anonymous · 2⤊ 1⤋
ask to see the receipt from the money order proving they tried paying it.otherwise you could get in trouble if you kick them out cause they did try paying it.
2007-12-18 14:43:00 · answer #10 · answered by mamanana9 4 · 1⤊ 2⤋