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Old 03-06-2010, 07:38 AM
 
Location: Minnesota
1,481 posts, read 3,946,839 times
Reputation: 2435

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I beleive the judge was under the impression that a back up key was needed for incase of stuff .. I think if the OP went to the judge with the postofice report about who gets mail where and proof that the LL doesnt live at that address things could be changed .. any judge that is that stupid as to say the LL can use the mailbox too shouldnt even be a judge ..
my other suggestion would be to contact the states AG and raise the stink about the ruling and the law ..
legal /accutual address is the key here .. thats not the LL legal address !
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Old 03-06-2010, 07:57 AM
 
Location: Tampa, FL
2,637 posts, read 12,631,710 times
Reputation: 3630
Quote:
He doesn't legally have access to the mailbox. The judge was mistaken. USPS confirmed I'm within my rights to change the lock based on the fact that I live here and he is accessing my mail, which would raise a red flag. He would have a hard time changing it yet again.
If the judge ruled in the LL's favor that he is entitled to a key, how do you figure that he has no legal access? We all agree that the judge must have been smoking crack that day, but a ruling is a ruling. Are you saying you plan to change the locks despite the judge's ruling? I hope you have talked to an attorney about that, not just some USPS employee.
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Old 03-06-2010, 11:47 AM
 
146 posts, read 711,485 times
Reputation: 102
Quote:
Originally Posted by tilli View Post
If the judge ruled in the LL's favor that he is entitled to a key, how do you figure that he has no legal access? We all agree that the judge must have been smoking crack that day, but a ruling is a ruling. Are you saying you plan to change the locks despite the judge's ruling? I hope you have talked to an attorney about that, not just some USPS employee.
No, I don't plan to change the locks, for that reason. Even though the judge is wrong, it'd be a dumb move on my part.
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Old 03-06-2010, 04:06 PM
 
8,777 posts, read 19,861,134 times
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Quote:
Originally Posted by tilli View Post
If the judge ruled in the LL's favor that he is entitled to a key, how do you figure that he has no legal access? We all agree that the judge must have been smoking crack that day, but a ruling is a ruling. Are you saying you plan to change the locks despite the judge's ruling? I hope you have talked to an attorney about that, not just some USPS employee.
It's a federal matter. A state judge has no business whatsoever making a "ruling" regarding the matter. He over stepped his authority.
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Old 03-06-2010, 05:07 PM
 
146 posts, read 711,485 times
Reputation: 102
Quote:
Originally Posted by Stratford, Ct. Resident View Post
It's a federal matter. A state judge has no business whatsoever making a "ruling" regarding the matter. He over stepped his authority.
Well, I'm pretty screwed either way, as I'm yet to find someone willing to enforce the law.
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Old 03-06-2010, 07:08 PM
 
3,770 posts, read 6,742,675 times
Reputation: 3019
Quote:
Originally Posted by Faworki1947 View Post
I beleive the judge was under the impression that a back up key was needed for incase of stuff .. I think if the OP went to the judge with the postofice report about who gets mail where and proof that the LL doesnt live at that address things could be changed .. any judge that is that stupid as to say the LL can use the mailbox too shouldnt even be a judge ..
my other suggestion would be to contact the states AG and raise the stink about the ruling and the law ..
legal /accutual address is the key here .. thats not the LL legal address !

The ruling should have been that the LL gets a key, just as he would get a key to the house just to have on hand in case it is lost. But it has to be illegal for a landlord to use the mailbox, just as it is illegal for him to take a nap in the livingroom. The mailbox is part of the rental.
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Old 03-06-2010, 08:18 PM
 
Location: new england
9 posts, read 52,810 times
Reputation: 12
you have to have a perm.residence to have bank loans,own a car,have almost any type Insurance. he may be living with someone that thinks he lives at that address,but is more than likely living with several people,making them believe that he lives at your address.You can always contact the IRS and report that his perm. residence is not your place.and hope he doesn't report your rent as income,,,??? never hurts to ask. and who knows..he may be living a duel identity
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Old 03-06-2010, 09:01 PM
 
146 posts, read 711,485 times
Reputation: 102
Quote:
Originally Posted by FelixTheCat View Post
The ruling should have been that the LL gets a key, just as he would get a key to the house just to have on hand in case it is lost. But it has to be illegal for a landlord to use the mailbox, just as it is illegal for him to take a nap in the livingroom. The mailbox is part of the rental.
Well, the real reason that the LL gets a key to the house is to enter in case of emergency without breaking anything. I can't think of any circumstances where he would urgently need to get into the mailbox, so it's moot point.

Moreover, LL access to keys isn't in the California Civil Code, where I am. It's just written into the lease agreement. And mailbox keys are not discussed in my lease at all.
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Old 03-06-2010, 09:10 PM
 
3,770 posts, read 6,742,675 times
Reputation: 3019
Quote:
Originally Posted by backandforth83 View Post
Well, the real reason that the LL gets a key to the house is to enter in case of emergency without breaking anything. I can't think of any circumstances where he would urgently need to get into the mailbox, so it's moot point.

Moreover, LL access to keys isn't in the California Civil Code, where I am. It's just written into the lease agreement. And mailbox keys are not discussed in my lease at all.
It would be logical for landlords to have a key if yours is lost so you don't need to call a locksmith or if you don't return yours when you move out. But then I don't think he is there to help you, given his behavior. Just saying it's normal that landlord would have a spare key.
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Old 03-07-2010, 12:32 PM
 
Location: Minnesota
1,481 posts, read 3,946,839 times
Reputation: 2435
haveing a back up key to the mailbox isnt the same as having use of the mailbox ..
I am wondering if since the judge "said" the ll has rights to have key the LL assumes he has the right to use the box for his personal mail..

did YOU hear the judge say the LL has a right to use the mailbox or that the LL has a right to a key to the box? there is a diffrence there .. ..
a pointed misunderstanding of the judges dessision ..
I have met old LL like that and they make assumations that arent in anyones best interest but theirs ..
I would still make a point to talk to the mailman and show them that the LL doesnt live there and you are refusing his mail at your box .. you can do that btw and the mailcarrier has to not leave it ..
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