Who has "rights" to mail in a rental home?

Question

We sold our home a few months ago after some storm damage and decided to get a rental home for a year while we build a new place. The landlord was the original and only occupant of the house. They've since moved to the burbs.

They still consider this place an extension of their residence; so much so that they have someone from the husband's office come by in the late afternoon every day to collect mail and small packages. The husband will bring back our mail every few weeks on the weekend. I've argued with him about this many times and he only says that he has "very important mail".

Last Saturday he brought by mail from our homeowners's insurance company that was over 6 weeks old. I'm totally fed up.

In arguing with him he claims that the owner of the house always has access to postal mail. I assume that isn't true but can find no CA law that contradicts him.

Answer 1

The legal resident is the person who has rights to the mail. NOT the owner, the RESIDENT. First and foremost... do you have a leasing agreement with this person... a rental contract? If so you can use this to take down this landlord. He/she CANNOT legally take that mail. If this is a mailbox on the street you can call the postal inspectors and tell them that your mail is being rifled..and that it is being stolen. This is a FEDERAL law, not a state law... Mail is FEDERAL. You have every right to that mail, and the landlord has none. What you can do is get a box that locks. You can also have the mail forwarded to a P.O. box, if you really want to pay for that. But legally, federal law states that it is the resident not the owner.



Now the problem is how do you tell the landlord this cordially... You could say... or write, that you do not like him taking your mail, going through your mail... and especially, delaying your mail by taking it and giving it to you 6 months later. Tell him/her that they need to stop taking the mail and to forward their mail so that they are not getting it at that address any more.



OR... here's an idea... contact your post office and let them know what is going on. They may just write a letter for you explaining how mail delivery works... and advise the landlord that he/she is breaking federal law. That may just get you off the hook as far as landlord relations.

Answer 2

You've gotten some suggestions that may be effective, like the mail hold and the PO box, but you shouldn't have to be inconvenienced or forced to go to additional expense in this situation. I'd start by going to the post office and speaking with someone there to find out what you need to do with him interfering with your mail delivery. Get as much documentation as you possibly can of the law regarding interfering with mail delivery, and then write a formal letter to your landlord. I'd state that you've spoken with him multiple times about this issue, and if that he continues to interfere with you receiving your mail on a daily basis, you will be moving forward with appropriate notification to the authorities for mail tampering. I'd also include that if you incur any late fees or other financial penalties due to his taking and holding your mail for any period of time that you would expect and demand reimbursement for those fees. Then follow through.

Answer 3

Put a one week hold on all mail addressed to your mail box. Claim the mail at the local Post Office or P.O. sub station. Advise the clerk that all mail that is not yours is to be returned to sender or "Unknown at this Address". Give him some real inconvenience and he may come to his senses.

Answer 4

Of course the landlord has "access" to the mailbox. But that doesn't mean the landlord can TAKE mail that is addressed to the tenant/resident.



You could try putting a vacation hold on the mail during the week and only have it delivered on Saturdays when you will be home (and when no one will be coming from landlord's office). Pretty easy to do on the USPS website.

Answer 5

The moron from his office, if he insists on picking up his bosses mail, should just leave yours in the mailbox. We cannot know what instructions he was given (bring me all the mail versus bring my mail).

It's a major inconvenience for you but a PO box may be the best way to go.

Answer 6

As long as the premises are rented to someone else, the landlord has no right under California law to remove anything from mailbox. And if, by chance, your insurance claim on your old house was denied or delayed because he unlawfully removed your private mail, you'll have the pleasure of suing him.

Answer 7

They have no right to touch, take or other wise interfere with any mail not addressed to them. That is a federal crime. This guy should be collecting mail addressed to them ONLY & leaving yours in the box.

Answer 8

The tenant has the right to peaceful use of the premises, including the mailbox. His daily visits disturb that peaceful use. Call your city or state housing department. You may also have a weak case of mail theft; a federal offense.



Finally, he may want to continue receiving mail there to continue to have proof for a homestead tax exemption. If he loses that exemption and the county learns that the property is now a rental, his property taxes will go up.

Answer 9

Your landlord is committing a crime by taking your mail. The mail that is addressed to you should never be taken by him. That is theft of mail. Contact your postmaster and report it.

Answer 10

If he (or his agent) is taking delivered mail addressed to you (even temporarily), that is mail theft. I would file a report both with the local police AND the postal inspectors.

Answer 11

The mailbox actually belongs to the USPS & messing with the mail is a federal offense.



Even if he has a right to access the mail box because it's on his property, he doesn't have a right to your mail.



honestly, I'd go pay for a post office box just to keep my mail from him. if you were going to be in this place longer than a year, it might be worth it to fight it but if your lease is almost up, just get the heck out of there as soon as you can.



edit:

I like the suggestion to place a hold on the mail & only have it delivered when you are at home or for you to go pick it up.

Answer 12

Mail addressed to you is yours as it is delivered, no one has any rights to hold it from you and/or give it to the landlord

Answer 13

very simple....tell the post office his mail is return to sender...does not live here....take a video of someone stealing your mail....lets say your name is john smith....tell the police some guy has your mail...the easiest way to resolve this is simply click on this fake question and delete it...as your fake story falls apart

Answer 14

I suggest you get a P.O. box for the time you are living there. There is no consumer law governing usage of mail boxes.

Answer 15

They can't take your mail.

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He does have access to mail...he just can't take yours.

Answer 16

report this to the post office

Answer 17

They should have more respect for your things.

Answer 18

You can call the LL.