Compton, CA asked in Landlord - Tenant for California

Q: landlord-tenant

Hello! Here is the thing - I am in LA and my landlord in San Francisco. I usually buy money orders and send them to him to pay my rent. Last month I did the same, but he claims he never go it and when I've checked with the MO company, they said it was cashed. Now my landlord demands a payment from me for the same month, saying it wasn't him who got or cashed the MO. What can I do in this case? He claims he didn't get the payment and demands the payment again, but I did pay already and cannot afford to pay rent twice per month. That is the law say in a situation like this? Thanks!

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1 Lawyer Answer

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have fully and timely paid your landlord your rent for the month, you do not have an obligation to pay it a second time. However, it is not clear if you have evidence that your landlord received and cashed the money order. Try asking the company that issued the money order to give you copies of the front and back of the money order in question and perhaps you will find there some notes showing your landlord did negotiate the money order. If you can pay rent by writing checks on your own account, the cancelled check would act as your payment receipt. To be really safe, you can send your checks or money order by Federal Express or U.S. Mail with return receipt requested, or wire transfer the funds to landlord's account, but these choices can be costly. If the landlord is willing to give you her/his account information, you may be able to deposit your checks at their bank into their account and get a receipt. Be sure to consult your own attorney to protect your legal rights.

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