Late Rent Fiasco

smithj2 profile photo

Hello All,



I have not received February rent from Tenant as of today, Feb 9th. Tenant says they mailed it on the 2nd and sent me a copy of a money order made out to us that was dated Feb 2. Now with money orders, I know you have to have the actual money to get one. Is there any way to check with the issuing company if they have been cashed?



Anyways, I have charged them late fees and all. Our lease says that eviction process starts on the 10th if rent is not received. However, in this case the tenant is claiming that the rent is lost in the mail ... etc.



Do I go ahead and start the eviction process on Saturday? Will a Judge look unfavorably on a Landlord who starts eviction process when the copy of the money order is in my possession? How do I protect myself yet work with the Tenant who "appears" to have made the money order with the intent to pay.



Any advice?



Thanks.

JS.

Comments(1)

  • fmmp9th February, 2006

    I served the tenant today and put a certified copy in the mail so it worked out well. She did say that she had mailed the payment "yesterday". I thanked her and then handed her the notice.

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