Legal Question in Landlord & Tenant Law in Florida

If my rent was stolen from the aptarments office drop box and the money order was cashed and forgered and the money order company can not give me a refund can the apartment complex still make me pay they stolen rent?


Asked on 1/17/13, 7:50 am

3 Answers from Attorneys

Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

Yes. You are responsible for delivery of the rent. Your dropping it in a box is not delivery. You could file a police report and perhaps get a reimbursement from the Attorney General victims assistance fund. Contact law enforcement and ask them about talking to a victim advocate. But, until you are reimbursed, you do still owe the rent to the landlord. Your theft is not his fault or his problem and doesn't relieve you of any obligation to pay rent. Good Luck.

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Answered on 1/17/13, 8:00 am
Lucreita Becude Lucreita D. Becude, P.A.

Ms. Bates-Buchanan is on the money with her answer. You must still pay.

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Answered on 1/17/13, 11:15 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

With more facts, I think there is an argument to make that the delivery was made to the landlord and the risk of loss was on them. Need to see your lease to make sure and know the procedures provided for payment.

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Answered on 1/17/13, 1:46 pm


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