Jacksonville, FL asked in Landlord - Tenant for Florida

Q: My money orders were stolen from rent office dropbox along with thirty-six others! Am I liable?

Hi. I paid my rent through money order on 6/2/19 on Sunday around 9:50pm. Yesterday (6/4/19) I was told that 36 tenants money orders (along with mine) were stolen from a drop box last night around 3am. I'm taking the necessary steps to send my money order receipts to get a refund (Hoping that they haven't been cashed) My question is my landlord is asking me to repay the rent amount if the money orders have been cashed. He sent me video and still pictures of the two thieves breaking into the rent box. I have pictures of my bank account showing the amount being withdrawn to get a money order on 6/2, hours before I placed the money order into the drop box. I have pictures of my money orders filled out along with my envelope and I always take a video of me literally dropping my money orders inside the drop box so that I have a time and date stamp for my records. Am I liable? Do I have to pay this amount if my money orders can't be recovered?

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: This question presents a very difficult fact pattern based upon timing of the operative events that may best be resolved in litigation. However, if the landlord provided a drop box for the purpose of receiving tenants' rent checks and money orders, and if tenants have been using the drop box for some time, then IMPO all the rent checks and money orders in the drop box at the time of the theft belonged to the landlord--not to the tenants. Translation: If you can prove you put your money order in the drop box before all the stuff was stolen from the drop box, the landlord is out of luck.

1 user found this answer helpful

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, in my opinion the risk of loss is upon the landlord, not you. If you can prove you deposited the money order in the drop-box (and it appears that you can), it's the landlord's problem; not yours.

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