Landlord insists on receiving mail at my address. (tenant, renters, personal property) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

backandforth83 · 03-04-2010, 09:59 AM

I posted a while ago, and this is an ongoing issue that's partly resolved. And just now I have a very specific question for landlords, lawyers, or savvy renters (but please refrain from replying if you don't understand the italicized words after my question):

How does my landlord benefit from having his mail delivered to the house I am renting from him?

Although it is a private home, there is a cluster mailbox that services the whole street, which has just a handful of houses. When I first moved in, he refused to furnish me with a key to the mailbox, and eventually I just went to USPS and got the lock changed myself. The landlord then tried to file an unlawful detainer and he lost, so we get to stay. But one point he contested was the mailbox access. He claimed that he receives some mail at the dwelling which cannot be delivered to his PO Box, and insisted that he is entitled to a key. Astonishingly, the judge agreed.

Astonishing for a number of reasons.

First, the cluster box unit isn't even on his property, but across the street. He doesn't even own any other houses on the street. The mailbox isn't his personal property.

Second, it seems the judge was following the same logic that gives landlords house keys, but didn't complete the thought process: Landlords are entitled to request house key copies for, in particular, being able to access the property in case of an emergency without having to break stuff. Mailbox emergency though? I don't think so.

Third, and this is key (a pun, yes)--he doesn't live there.

In trying to figure out whether you're allowed to receive mail to an address where you do not live (or, more specifically, whether you're entitled to receive mail at an address where you do not live, whether you're the property owner or not), I dug up USC 39 Sec. 3003: "Mail bearing a fictitious name or address." It basically says that you can't lie about your name or address for the purpose of (among other things) committing fraud.

I'm assuming, then, that there is some sort of advantage to receiving mail (or at least appearing to receive mail) to one's primary residence, but I don't know what that could be. Basically, I am trying to prove that he is being slippery, and then I won't have to share a mailbox with him.

Just generally, this guy is completely off his rocker, so if you suggest calmly talking to him about it, I will laugh at you. For starters, I have a restraining order against him, so we're a bit beyond pleasantries.

Incidentally, I called one of the banks who send him a lot of mail, and they confirmed that all the mail they post can be delivered to PO Boxes, so my landlord's claim is a pile of cow patties.

FelixTheCat · 03-04-2010, 10:35 AM

The only mail that can't be sent to a PO box is Fed Ex or similar services. He could get a private mailbox like the ones at UPS stores. I have one for myself. They are nice because you gan get any package there and they will sign for it and hold it for you. If you are wanting to keep your mail seperate from him in case he just takes your mail, then you should get a private mailbox at one of the UPS stores. It's around $20 a month for the small ones. I agree you should have the mailbox at you rental to yourself, but for a small cost you can have secure mail that the landlord can't get to.

STT Resident · 03-04-2010, 10:36 AM

I don't think the USC link really addresses your particular problem. Have you tried getting the official word from the USPS as to who can legally access a cluster mailbox? I'm assuming that the cluster mailbox has separate boxes (one for each residence) with separate keys?

I'm surprised that the judge acquiesced to the LL's request for a key to a mailbox which it would seem logical is for your use only as the legal tenant of the house to which the box is assigned. Have you consulted an attorney to see if you can challenge this ruling? Under the circumstances where the LL/tenant relationship is obviously very sour, you have every right to be very uncomfortable knowing that he can see your personal mail and go through it.

Of course your other resource is to get your own PO box and dispense with the problem of the LL's access all together.

Hope it works out for you!

chet everett · 03-04-2010, 10:49 AM

Just a guess, but if he is saying that his legal residence is still the house he is renting out to you is proven by the mail...

Does he have kids in school? Use a park district? Work in town that has some of residency requirement> Has various rates for local taxes based on resident status? Have loans that are made under the assumption of owner occupied?

He may be difficult to deal with, even nutty, but he may be trying to pull some sort of low grade scam. I would probably start looking for a new place to rent...

backandforth83 · 03-04-2010, 10:54 AM

A PO Box isn't practical for me, since I don't have a car and I live a couple of miles away from the nearest post office. There's not any one place (school or work) that I go to more than two or three days a week, so getting a PO Box near one of those places isn't practical either. And I'm not cool enough to find someone to drive me to the post office every day. Among other things, I get Netflix movies pretty much every day (I have a good rotation going), so I would be really annoyed having to walk (the area is not bike-friendly) over an hour a day to get my movie. Also, I paid $40 to get the lock replaced at the start, so I kind of want to get my money's worth too.

backandforth83 · 03-04-2010, 11:05 AM

Quote:

Originally Posted by chet everett

Just a guess, but if he is saying that his legal residence is still the house he is renting out to you is proven by the mail...

Does he have kids in school? Use a park district? Work in town that has some of residency requirement> Has various rates for local taxes based on resident status? Have loans that are made under the assumption of owner occupied?

He may be difficult to deal with, even nutty, but he may be trying to pull some sort of low grade scam. I would probably start looking for a new place to rent...

I'm not sure where he lives, but the place where his restraining order was served is in the same city. I'm pretty sure he doesn't give two hoots about his kids. I don't know what his loan status is, or if/how I could find out about it. I have a hunch it has something to do with it being owner occupied, but I can't imagine what his incentive is to go through all this trouble.

Moving isn't practical as I'm leaving the state in a few months, and I need to save my time, money, and effort for that. A comparable living arrangement would cost me an extra $500 per month, so I can forget about that. Also, since the restraining order was made permanent, there haven't been too many problems at the house. Having gone through so much, moving over the mail seems silly. This is just an irritant.

backandforth83 · 03-04-2010, 11:11 AM

Quote:

Originally Posted by STT Resident

I don't think the USC link really addresses your particular problem. Have you tried getting the official word from the USPS as to who can legally access a cluster mailbox? I'm assuming that the cluster mailbox has separate boxes (one for each residence) with separate keys?

I'm surprised that the judge acquiesced to the LL's request for a key to a mailbox which it would seem logical is for your use only as the legal tenant of the house to which the box is assigned. Have you consulted an attorney to see if you can challenge this ruling? Under the circumstances where the LL/tenant relationship is obviously very sour, you have every right to be very uncomfortable knowing that he can see your personal mail and go through it.

Of course your other resource is to get your own PO box and dispense with the problem of the LL's access all together.

Hope it works out for you!

USPS said he can't legally access it, but he can technically go to the post office and use his property ownership as proof of residence, allowing him to change the locks on me. At that point, I'd have the option of filing a complaint. On the other hand, when I tried to do exactly that months ago (when the landlord had a key to my mailbox and wouldn't give one to me), the clerk at my local post office wouldn't touch it with a ten foot pole.

The pickle for me is that a judge told me I need to give the landlord a key to the mailbox, only the judge was wrong. And I don't even know where to begin with fixing that.

Poltracker · 03-04-2010, 12:13 PM

I think Chet propbably hit the nail on the head with regard to a list of reasons. The other reason is to keep his homestead exemption and keep the taxes lower on the property.
If you think your mail is being messed with, report him for tampering.

manderly6 · 03-04-2010, 12:24 PM

I wonder if his mail starting to "go missing" if he would have different thoughts about this.

STT Resident · 03-04-2010, 12:25 PM

Quote:

Originally Posted by backandforth83

The pickle for me is that a judge told me I need to give the landlord a key to the mailbox, only the judge was wrong. And I don't even know where to begin with fixing that.

That's why I asked if you'd consulted an attorney. Check with your local legal aid agencies and you may be able to get some free advice.