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I moved to an apartment in San Jose almost a month ago.
I didn't get the mail keys and the management company sent me to USPS to get a new key for which I paid $50 and according to USPS it will take at least 2 months. I talked with several representatives of the management company and they claim it's not their responsibility. The rent agreement doesn't mention mail keys at all.
What are my options here? Is there a ground for a law suite in small claims court? What can I loose if I submit the law suite and loose? Can I demand damages (the trips to USPS every few days require me to leave work for at least an hour)?
Please help
Guy.
Last edited by Ultrarunner; 11-12-2016 at 09:44 PM..
They have no obligation if it isn't in the lease. The mailbox isn't their property once you rent the address it is between you and the post office. You can buy a new lock at any home store and put it on yourself instead of paying the post office and waiting for them.
They have no obligation if it isn't in the lease. The mailbox isn't their property once you rent the address it is between you and the post office. You can buy a new lock at any home store and put it on yourself instead of paying the post office and waiting for them.
This depends on the box. Some boxes are the property of the USPS, and if you change the lock, I believe it is a federal crime. I'm not positive of that, but I do know that our post office has told us that a landlord doesn't even have the right to HAVE a key to a property's mailbox in the first place, even though most of them keep one in case the tenant loses theirs. If the landlord has no right to have a key, they can't have any obligation to provide a key.
This depends on the box. Some boxes are the property of the USPS, and if you change the lock, I believe it is a federal crime. I'm not positive of that, but I do know that our post office has told us that a landlord doesn't even have the right to HAVE a key to a property's mailbox in the first place, even though most of them keep one in case the tenant loses theirs. If the landlord has no right to have a key, they can't have any obligation to provide a key.
LLs don't have the right to have a key since the box isn't theirs. The box technically belongs to the current resident. The post office has a different key than the one you used to retrieve mail so the lock can be changed at any time on almost all boxes.
I moved to an apartment in San Jose almost a month ago,
I talked with several representatives of the management company and they claim it's not their responsibility. The rent agreement doesn't mention mail keys at all.
You have entered into what is known as the CA Landlord Tenant Twilight Zone. CA law requires a landlord to provide an individual and locking mailbox (Civil Code Section 1941.1) for each rental unit. The code does not state that the keys are included, just that an individual locking mailbox must be provided for your use. In Green v. Superior Court, the ruling was the landlord's duty for habitable requires those things listed in CA Civil and Health Codes as required items, must be working as they are intended to be used. So, in the end, if you sue under CCC and citing Green, your landlord will be ordered to provide a key to that box at their expense or reimburse you for any expense you incurred to get a working box. But the kicker is, there are no penalties for the violation so many landlord don't even think they must provide a working box until they get sued and the court requires them to do so.
You can always attempt a Demand Letter citing the CA Civil Code and the Green decision. Maybe that will be enough for them to fix or reimburse you.
To add, in CA many landlords attempt to claim the code says they must only provide the receptacle, but under Green, the courts say it has to be functional and working as intended for you the tenant. If you don't have a key, it may be present but certainly not functioning as intended. So, be careful if they try puling that on you. CA also has consumer guide for tenants and the issue of mailbox keys is clearly stated in that pamphlet, so pick one up and give it to your PM if they are acting stupid.
You have entered into what is known as the CA Landlord Tenant Twilight Zone. CA law requires a landlord to provide an individual and locking mailbox (Civil Code Section 1941.1) for each rental unit. The code does not state that the keys are included, just that an individual locking mailbox must be provided for your use. In Green v. Superior Court, the ruling was the landlord's duty for habitable requires those things listed in CA Civil and Health Codes as required items, must be working as they are intended to be used. So, in the end, if you sue under CCC and citing Green, your landlord will be ordered to provide a key to that box at their expense or reimburse you for any expense you incurred to get a working box. But the kicker is, there are no penalties for the violation so many landlord don't even think they must provide a working box until they get sued and the court requires them to do so.
You can always attempt a Demand Letter citing the CA Civil Code and the Green decision. Maybe that will be enough for them to fix or reimburse you.
To add, in CA many landlords attempt to claim the code says they must only provide the receptacle, but under Green, the courts say it has to be functional and working as intended for you the tenant. If you don't have a key, it may be present but certainly not functioning as intended. So, be careful if they try puling that on you. CA also has consumer guide for tenants and the issue of mailbox keys is clearly stated in that pamphlet, so pick one up and give it to your PM if they are acting stupid.
Go Rabrrita! Great info. I'd just add to the OP, that if you decide to sue, you can include your court costs, too. So, include the filing fee, the cost for the keys at the post office, and any mileage and lost wages dealing with it. I'd use the IRS mileage reimbursement amount for tax returns. Not sure how much it is these days. You can also add in the form "and any punitive damages allowed," in case the judge feels they're appropriate.
Here's info on filing small claims court actions in CA:
Agree with Rabrrita and NoMoreSnow. There is absolutely no reason you should have to pay for a key to your mailbox unless you were provided keys and then you lost them. If you never received a key when you moved in and the LL does not have keys for you then that cost should have been charged to the previous tenant's security deposit if they did not return the mailbox keys when they vacated. If the LL never collected that damage from the previous tenant then that is no excuse to pass that expense onto you. That is their problem/responsibility, not yours.
I would think that your lease states something about your apt keys, mail keys, garage door opener, etc, etc, if applicable. Most leases have clauses regarding items that you are provided on move-in and that you are also responsible for returning once you vacate along with applicable charges if not returned/surrendered.
One of our properties has a mail box with locking doors. I provide the key. If I were to lose the keys I would have to go to the post office and request a lock change.
I have a $100 replacement fee for our pool key and a $200 fee for the mailbox key. I provide both keys to the tenant. The tenant has one key and I have another. The reason I have such high fees is because of the headache factor. I disclose the replacement costs so nobody cries I didn't know that it's not my fault whaaaaa. A tenant moving in gets the necessary items to gain access to the property grounds, the property and any of the amenities. They lose anything they okay for it so the new tenant gets the proper items also
My question really is who provides a locking mailbox but no key? Because thats beyond asinine. Why the hell do people make their managing so complicated?
P.S. Rabbrita cant rep you. Tried
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