My father received the money for the rent on my behalf in cash and the tenant said it was the full amount but nobody

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Customer: Hi, My father received the money for the rent on my behalf in cash and the tenant said it was the full amount but nobody physically counted the money.
JA: Hi. What province is your father in? It matters because laws vary by location.
Customer: Ontario
JA: What steps has he taken so far?
Customer: he gave me the envelope
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: because I haven’t been feeling medically sound, I was at home and not in the right state of mind to be bothered about depositing the money right away. After almost 20 days, I went to deposit the money and the atm showed I was short of $500 I’ve placed an inquiry with the bank to make sure that the atm did not make a fault in counting the cash
Answered by Joey in 1 min 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

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Joey, Expert

Good afternoon – sorry to hear about the situation. To clarify, your father is the landlord and the tenant gave you the rent money and there is apparently a $500 shortfall?

Customer
I'm the landlord, father received the envelope with the money and passed it on to me.
Customer
Because on my physical health situation, I was not able to deposit the money until today (about 20 days after receiving it)
Customer
The tenant said the money was in full
Customer
Neither my father or I checked the amount until I had to deposit the money and the atm showed me a shortfall of $500
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Joey, Expert

And neither you nor your father counted the money when it was received, correct?

Customer
Correct. I've placed an inquiry with the bank to make sure the money wasn't miscounted on the machines part as I do trust my tenant of over 2 years and father.
Customer
But this was the first time where I didn't count the money until I went and deposited the money
Customer
What should I do in this situation?
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Joey, Expert

Double check with the bank first. This is a difficult situation. If you were to bring a claim against the tenant, the tenant would have a good argument that if there was an error, either you or your father who initially received it should have counted it and, if there was a shortfall, should have advised him immediately, not 20 days after the fact.

Customer
I agree
Customer
Essentially, I don't want to loose a good tenant
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Joey, Expert

If it’s a good tenant (which is hard to find nowadays), you might want to consider this a business loss and just move on.

Customer
Therefore the responsibility of the shortfall would be on my part, correct? As I really don't want to make him pay for a mistake that was done on my part of not accounting for the money at the time of accepting the money. I would be upset if I was put in his shoes.
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Joey, Expert

More of a giving the benefit of a doubt to the tenant.

Customer
Ok, thank you!
Customer
May I ask, where are you located in Ontario?
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Joey, Expert

I am in the GTA.

Customer
Thank you so much for help!
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Joey, Expert

My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Great! Thanks :)
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Joey, Expert

You're welcome.

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