Legal Question in Landlord & Tenant Law in Florida
Storage Rent Payment Stolen by Clerk
When I paid my storage rent for three months (in advance), I was told the computer was down and I accepted a hand written receipt from the uniformed clerk taking my payment of cash.
The receipt is professionally printed w/ the storage company's logo, address, etc. It is also properly dated indicating payment date and when I should be due again, payment by cash, etc. As well, it bears the full legible signature of the clerk.
I am now being denied access and being told that I have to pay again (along w/ late fees now) as my payment was never entered into their system. They refuse access and proper accounting despite my showing them the receipt. The clerk is no longer employed there. I suspect many other tenants are suffering the same. Is this company legally obligated to honor this receipt?
2 Answers from Attorneys
Re: Storage Rent Payment Stolen by Clerk
If you actually paid the rent agreed to in the contract, and they are denying you access and demanding additional payments, you have legal rights. The receipt is not necessary, but will likely be good proof. You should try and have a conversation with the owner and explain the situation, and if not resolved, follow up this conversation with a letter detailing the pertinent facts. If they continue to deny you access and demand additional payments, you should consider a lawsuit.
Re: Storage Rent Payment Stolen by Clerk
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Yes. The company is legally bound to honor its own receipt. If a clerk stole from the company, that is their problem and not yours. You need to speak with the owner or manager to try and resolve this problem. If that does not prove to be successful, you might wish to speak to the national office if one of the chains. You can also file a complaint with your local consumer affairs office of your county or the Better Business Bureau. As a last resort, you may wish to consider a small claims action against the company.
Scott R. Jay, Esq.
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