Legal Question in Real Estate Law in Missouri

Hello I was wondering if I could be held reliable for stolen property (rent) that was stolen from a drop box located on my landlords property? Basically I pay rent every month using money orders and about 3 months ago the drop box I use to pay my rent was broke into and my rent payment was stolen and then cashed. They have caught the man who broke into and cashed the money order but no one seems to be prosecuting him. I was told by the landlord to make a claim for the stolen money using the WesternUnion claims department. I did indeed make a claim and was reimbursed $425 (-fees) of the $600 that was stolen. Now at the time I was hurting for money and decided to use that money to pay some late bills. Now the landlord is really wanting his money, the full $600 and I was just wondering if I could really be held responsible for the $600 as it was stolen from inside there property at there main office and a full investigation was opened up and they caught the guy? Wouldnt it be there responsibility to recover the stolen property from the guy who initially stole the money through civil court or even file a insurance claim? Can I be held responsible for the money even if I did receive a partial reimbursement and used it to pay some much needed bills?

I have one more question does the landlord have the right to enter my house at any time with out notice? I understand entering the house for routine maintenance and emergency's but this was not the case. I believe they entered my house for a inspection which involved entering my bedroom with out me being home or given me notice?

Thanks

CB


Asked on 1/27/12, 7:05 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under teh facts you described, you are liable to the landlord for at least the $425. More facts woudl have to be known to advise you abotu wether they landlord took the loss on the other $165. If you take the positon that the landlord owend the paper int eh drop box, then it may have been fraud for you to have claimed a repalcement from the money order company. Under you logic, the money order was not stolen from you, and you may have falsely claimed it was, in order to get the replacement funds. Either you or the landlord can sue the man that took the money order for the $165 plus court costs. The landord can sue him for $600 and you for $435, plus court costs.

As to when and where the landlord can enter the premises, it relies mostly upon what your lease agreemetn says. Otherwise, thje ruel is htat the lnadlord can enter at reasoanable intervals. What is reasonable is different in each case.

Good luck

Read more
Answered on 1/27/12, 7:23 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Missouri