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Who's responsible if my apartment complex loses my check for rent?!?


The rent was due for the month of Feb. and I wrote a check. Unfortunately the office was closed so I put it in the "Night Drop" slot. A few days later I get a letter saying i was being evicted due to non-payment of rent and I would have to pay a fee. I know I put the check in the slot.

What do I do?
Who's responsible?
How do I prove I gave the check to them?

P.S. They wanted Feb. rent but my lease is up on Jan. Do I still have to pay the fee/rent?

The check has not been charged on my account.

Call your bank and see if the check has been cashed; if it has then have your bank send you a photocopy of the front and back then show it to your landlord. If you are living there you have to pay the rent. If your lease expired in Jan. then it automatically goes on a month to month basis.

You are responsible for the check getting into the right hands. What you have to do is cancel the old rent check and write a new one, asap.

If the check is missing, you can't prove that you wrote it, but you can write a new check and stop payment on the other one.

Unfortunately this is a situation where pointing fingers isnt going to work. Legally it is your responsibility to cover your hind end by making sure they actually receive the payment and give you a paid receipt. If you did not do this then its going to fall back on you to make late payment and pay the late fees or move out. Why does it fall on you? Because you are the one wanting to stay there and you have no proof that you did what you say. At this point you have no legal leg to stand on. You have no cancelled check, no receipt, no unbiased witnesses etc. Had they already issued you a receipt and then lost your check its their problem and not yours or if the check was cashed and its a matter of bad book keeping on their end you can still prove they received the payment and its on them to fix the situation.
As frustrating as it is, if you want or need to stay there, go to your bank and put a stop payment on the missing check and reissue your landlord a new check for the february rent.
As far as your lease being up the end of January, all time after that, if you did not give your 30 days notice of intent to leave, is considered to be a month-to -month situation. You and the landlord are bound to the original terms set forth on the original lease however there is no long term commitment. At any point you or they can give 30 days notice and there is no recourse. If you did or will live there in february and neither of you has given that 30 days notice, yes you are legally responsible for that rent even if your original lease has expired.

your responsible to pay your rent. it's in your lease. excuses are like *** holes everyone has one.( my dad used to say that )

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