Tenant withheld important mail (rental, refinance, tenants)

[izhenko]

Hi,

Really need advice on serious matter. Recently tried to refinance out rental property and a lien on the property came up, over a minor detail. Apparently our tenants received two letters from the clark county department within two weeks of each other which allowed 10 days to clear up the matter. Understandably it is not their responsibility to do anything about it (or is it?) You'd think if an important enclosed document was posted on your door twice, with landlords name on it, you would do something about it. Anyways so they had these letters for almost a year and fees reached ridiculous proportions. I was able to get most of them cleared but almost $2000 still must be paid. Any suggestion on how to go about making them pay this amount? Their lease is up this month so they left a stack of about 20 different letters including the two notices from all past year for me to pick up.

I've been a tenant myself for several years and I know how frustrating it is to receive mail with someone else's name on it. But a simple and decent thing to do would be to return to sender or call usps and let them know or even let your landlord know and they can take care of it.

Thank you

[texasdiver]

It's not their fault, it's yours.

Clark County like pretty much every other jurisdiction in the country requires absentee property owners to designate a mailing address that is different from the property address. That's what every absentee property owner should do. It isn't your tenant's fault that you failed to keep an up-to-date mailing address filed with the county as required by law.

As for the tenant, they were also wrong. There is a legal obligation to forward or return mail that does not belong to you. Either forward it or write "not at this address" and drop it back in the mail. But that would be something for the postal inspectors to deal with if you wanted to file a complain with the post office.

You could always take them to small claims court but the judge will no doubt point out that the county requires that you keep an up to date address on file which you failed to do and then send you on your way.

[pnwguy2]

Interfering with federal mail is a crime. You can't legally throw away mail that is misaddressed. If you open it by mistake, you need to note that and forward it to the correct address or the PO if there is no correct address. This is serious stuff, and all residents on this end of the postal service need to know the law.

[lvmensch]

Originally Posted by pnwguy2

Interfering with federal mail is a crime. You can't legally throw away mail that is misaddressed. If you open it by mistake, you need to note that and forward it to the correct address or the PO if there is no correct address. This is serious stuff, and all residents on this end of the postal service need to know the law.

Interesting question. I can find references that suggest destroying mail not addressed to you may violate the law. I do not however find anything that says you have to do anything about mail not to you.

And I am not sure how you would require someone to do something with mail they received not for them.

Anyone have a reference for any law or regulation that requires you to respond to mail not addressed to you? Not looking for reference that you cannot open or destroy. But that you have to do something with it.

[pnwguy2]

Well, I didn't say that this doesn't happen routinely. Just explaining the law. And it is routinely ignored by federal officials. Perhaps I should have included this in my earlier post. But we should all still do the right thing. Any misaddressed mail should be sent back, not destroyed.

[lvmensch]

Originally Posted by pnwguy2

Well, I didn't say that this doesn't happen routinely. Just explaining the law. And it is routinely ignored by federal officials. Perhaps I should have included this in my earlier post. But we should all still do the right thing.

Not arguing that. But is anything actually required by law?

[pnwguy2]

Yes, but again, it is largely ignored. Do what you feel is right. The Postal System is outdated and they rely on outdated policies. I can't offer anything more than that.

[Redbelly]

Originally Posted by pnwguy2

Yes, but again, it is largely ignored. Do what you feel is right. The Postal System is outdated and they rely on outdated policies. I can't offer anything more than that.

Perhaps you could reference the law with a link.

[Ms_Christina]

18 U.S.C. § 1701 : US Code - Section 1701: Obstruction of mails generally

[lvmensch]

Originally Posted by Ms_Christina

18 U.S.C. § 1701 : US Code - Section 1701: Obstruction of mails generally

Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, - See more at: 18 U.S.C. § 1701 : US Code - Section 1701: Obstruction of mails generally

knowingly and willfully obstructs or retards?

Be very difficult to construe doing nothing as obstructs or retards and then you have knowingly and willfully. Tough sell.