The Landlord Lost Our Cashier's Check

@vebela (310)
United States
April 13, 2007 11:52am CST
We made April's payment 2 days early, and put it in the landlord's mail drop that directly drops inside their house. They came to us a week later asking us to provide another check because the "must have lost it" or "accidentally threw it away." I don't know how anybody could throw away a check with that much money. The problem is that when you get a cashier's check from the bank, it's as good as cash. The bank immediately take it out of your bank account, and we can't ask for a re-issued cashier's check for 90 days. We have documentation for all of this. Should we be responsible for re-paying this month's rent if they have received the check, but have lost it? Should we be responsible for paying this right away or when the 90 days is up so we could ask the bank to re-issue? What do we do from here? I just can't understand how someone "accidentally" throws away a check that big to begin with...*sigh*
8 people like this
20 responses
• Canada
13 Apr 07
That really sucks!! That's why I won't write cashier checks or send money orders. I don't want to risk the other person losing the money. I keep everything documented so if it were to happen, they woudln't have a leg to stand on. It's not up to you to take the fall because the landlords lost something. You held up your end of the bargain and that's all that can be asked of you. That's all that should be asked of you.
3 people like this
@vebela (310)
• United States
13 Apr 07
Luckily, we kept a copy of the check, and have a written note from them saying that they must have lost it. I think you're right. We shouldn't have to take the fall for it, especially after they admitted responsibility.
2 people like this
• Philippines
13 Apr 07
First of all, confirm from the bank whether payments have been made and to whom? If none, then you may re-issue the check and make your landlord sign an affidavit of loss with the undertaking that if she ever found that check, it should be returned to you. You should have the assurance that the lost check will not be used in case it is found.
• Philippines
14 Apr 07
belive me, that it the best way to do, to avoid confrontation or going to court. I am lawyer and I am giving you my legal advice.
1 person likes this
@Stiletto (4579)
14 Apr 07
Having read your responses to others if it's the case that you have a copy of the check and you also have a written admission from your landlord that they have lost it then it's not really your problem. I would think you have no legal obligation to do anything further. You've fulfilled your part of the deal by paying your rent - what your landlord does with that payment is outwith your control. If you want to be nice then I guess you can wait for the 90 days and ask the bank to re-issue but legally I can't see that you would have to do that. I would only do it if it doesn't cost you any more money. Hopefully it's a lesson for your landlord to be more careful in future!
1 person likes this
@vebela (310)
• United States
14 Apr 07
That's a really good point. If he really wants that money, then he is just going to have to wait that 90 days. But, if we decided to not get the check re-issued, then it is his problem. The only thing with that is, I don't know if we want to go through the trouble that might cause if we don't get the check re-issued.
@Talha22 (384)
• Pakistan
13 Apr 07
well i am sorry to say but i think that your landlord is just fooling you take out another check from you and withdraw it so that he could have double money without doing any work. i think you better understand and next time be careful.
1 person likes this
@vebela (310)
• United States
14 Apr 07
Wow, that's a very cynical view of things, but I guess you never know these days. That might very well have been the motivation. We haven't been at this place long enough to find out what kind of guy he is.
@loujac3 (1188)
• United States
14 Apr 07
You should have received a copy with the original check that has the info on it and you can turn that in to get another cashier's check printed up. They use the copy as proof of purchase and to be able to cancel the first check that got lost. Show the documentation to the landlord and let him know that the bank must wait 90 days to re-issue a check. He is the one who lost it and most likely it is buried in his paperwork. He should have to wait for the re-issued check since he lost the check. He can also call your bank to verify that indeed there is a waiting period and that a check was issued to him in the first place. I would almost bet that department for government that handles issues between renter and landlords will back you up on this. Otherwise, too many landlords would be claiming that "the checks were never received."
@loujac3 (1188)
• United States
14 Apr 07
gsgonzalez has the right idea! Documentation is the best backup I know of and it has saved me many times over. Good luck!
1 person likes this
@cowgirl2701 (2079)
• United States
13 Apr 07
I would be so upset!!! Keep calling the bank to see if it has been paid by them. If it has find out who cashed. Your landlord could have accidentally forgot to post the payment to your account. I have had that happen on a bill before. Once I proved they had cashed it they credited my account. Good luck.
@vebela (310)
• United States
13 Apr 07
Thanks for the good luck wish. We were, and still are, pretty upset. Even though the rent is considered cheap for the area and quality that we got, it's still a lot of money to just disappear like that. We even started looking for another place, even though for the same quality, we would be paying $200 to $300 more for a similar place. We requested a stop payment, but because a cashier's check is so much more complicated, my husband had to take a half day off work to sign all the documents. And, they can't refund the money to our account until the stop-payment clears and the bank finds that the check has not already been cashed.
1 person likes this
• United States
19 Apr 07
That is weird, to be that irresponsible with money. I think your landlord should wait the 90 days til you can get the check reissued. Your landlord does admit that at some point they did have the check?
1 person likes this
@Foxxee (3651)
• United States
14 Apr 07
That would make me so angry. I would let them know that the bank wont reissue the check until after the 90 days and they either need to just wait that long or there is just nothing else you can do. You shouldn't have to pay them again for something they did. They lost it, not you. You did your part, so it is now on their hands. If they refuse to wait, you can take it to court or even to the district. Good luck.
1 person likes this
@Destiny007 (5805)
• United States
3 May 07
This recently happened to us, except that we use a regular check and we hand deliver it to our landlord and require a receipt from them. It is amazing how fast a lost check can be found when you provide the receipt showing that it has been paid. Best of luck.
1 person likes this
@simplysue (631)
• United States
13 Apr 07
First check with your bank to make sure the check wasn't cashed yet. If it was, tell your landlord that the check was cashed and if he lost it or threw it away then it's his responsibility to go after whoever cashed his check. If it hasn't been cashed, explain to the bank what happened and ask them to stop payment on it. This is one of those cases where it is much easier to have a personal checking account. Sorry this happened to you....good luck.
1 person likes this
@vebela (310)
• United States
13 Apr 07
We used a cashier's check because there is a better paper trail, and we like that the money is immediately taken out of the account for budgeting purposes. We THOUGHT it was more secure, because in order to cash a cashier's check, you have to show ID that you are the person listed as the ID. Thank you for the good luck wish.
@Michele21 (3093)
• United States
13 Apr 07
I don't really understand that either, just tell your landlord that you can't get another check re-issued for them for 90 days so they will have to wait. Did they acknowledge that they received the check, but then lost it? I would hold on to that info. so they don't try to change their story and say you never paid it. That really sucks, but when my son was maybe a year old he loved to throw things in the trash-whatever he found that he didn't want to look at I guess. And I had a check on our computer desh for $50 from some Mystery Shopping that I had done. Well the next day I wanted to go to the bank but I couldn't find the check, we torn our house apart looking for that $50!!! We never found it so I just took it as a loss.
1 person likes this
@vebela (310)
• United States
14 Apr 07
Well, at least you know your son is going to grow up being clean since he likes to throw things away! I guess we have to cover our butts for everything nowadays. They never really acknowledged that they got the check. But, we do have a note from them saying, "we must have lost it" or "accidentally thrown it away." But, they never actually say that they've gotten it. Do you think the note would be good enough to clear us?
@lightningMD (5931)
• United States
13 Apr 07
Since the landlord lost it he should be willing to wait the 90 days for it to be re-issued. He needs to be more responsible. From now on i wouldnt use the drop slot i would give it in person and make him write you out a receipt every month to cover your own butt.
1 person likes this
@vebela (310)
• United States
13 Apr 07
That's a good point. Because we now have this experience, I think we'll wait for them to hand in-person, and ask for a receipt every month.
@wachit14 (3595)
• United States
13 Apr 07
Since your landlord admited that he must have lost it or thrown it away, he should take responsibility and wait patiently until the ninety days is up so that bank can re-issue the money. Of course, it would be nice if he could put in writing that he indeed had the check but lost or accidently thrown it out, just in case he threatens to evict you. However, if he is a good guy, he will understand your financial situation and do the right thing by you. I really hope everything works out and that your landlord learns to be more organized in the future.
@vebela (310)
• United States
13 Apr 07
We haven't been there long enough to find out if the landlord is a good guy or not, but hopefully he is. Luckily, his wife wrote a note to us saying that they probably lost the check and asking us for another. That should be good enough if, God forbid, it ends up in an eviction notice or a court.
1 person likes this
@raven9595 (101)
• United States
13 Apr 07
Should you? No... will you .. Yes. Legally you have to prove that they recieved the check. If you cannot then it's your word against thiers.
1 person likes this
@vebela (310)
• United States
14 Apr 07
Well, the bank is required by law to keep a copy of the check for 5 years, so there is no question that we got the payment ready for them. The question is whether or not they received it. But, what are we going to do with a check that is made out to them? And, cashier's checks are a lot harder to cash than personal checks. That's why we used them. You can't cash is without showing 2 forms of ID.
@meljessxena (2315)
• Australia
14 Apr 07
well the only thing you can do is organise with the bank for it to be re issued, and tell the landlord he/she has to wait for the 90 days. ( you gave them the money before the due date) and its their fault they lost it not yours and its not your responsibility after you gave them the check, if i was you make sure they check you gave them before they put a block on it so after u pay the landlord they dont try and cash that one in as well
1 person likes this
@Marie2473 (8512)
• Sweden
14 Apr 07
This is the reason I am glad that we do not use this in sweden. I thin you have the right to wait until the 90 days are passed and I also think that u should, It is alot of money and IF someone else cashes it in it is not you who should be responsible for them being sloppy about it.
1 person likes this
• Canada
14 Apr 07
I think thats terribly lax of your landlord to be honest. I don't think you should have to pay again because of their stupidity. I'm sorry to hear that your husband had to take a half day off work to go and sort this out at the bank, but luckily, at least he did that. I wish you the very best of luck in sorting this out.
@Gemmygirl1 (2867)
• Australia
14 Apr 07
This is just my opinion but i would be telling the landlard that they were responsible for it once it went through their door slot - so you should NOT have to get another issued since it was their irresponsible actions which had it lost in the first place. I'd have asked them to check their garbage bin for the cheque & if nothing turned up, let them know that you can not have another reissued until after 90 days - which is the banks policy. You really cant get in to trouble for it since it was not your fault the cheque went missing in the first place. I also guess it depends on how much you trust your landlord - as to whether you think perhaps it wasn't lost at all - i'm not very trusting so that would probably be the first thing i thought of. Anwyay, let them know a new cheque cant be reissued for 90 days so you cant do anything about it for the moment & ask them to be patient coz you will get it sorted. Good Luck!
1 person likes this
13 Apr 07
I'd say its their loss as they misplaced it so they'll have to wait the 90 days or even not have the money at all. They made the mistake, not you.
1 person likes this
@faith6 (47)
• United States
13 Apr 07
you shouldn't be responsible for repaying.it's his fault and you have the proof he wants to take you to court.tell him its his priority to locate it or take it out of his own pocket!!
1 person likes this