My evicted tenant has not return the mailbox or house key, can i hold their mail?

Question

Our community has a mailroom, with ganged mailboxes. I've re-rented the house, and need to change the lock obviously. Can I hold the old tenants mail until they return the original key? Dont give me any stories about i'm not allowed to open the box, or take their mail, cuz I dont see how this mailbox is any different than if the mail box was located at the front door without a lock. As far as I'm concerned, the mailbox is my property too. Everyone touches someone elses mail once in a while. Can anyone point me to the laws on this situation?

Answer 1

You cannot legally hold their mail. You need to write "Moved", "No longer at this address" or "Return to sender" and give them back to the carrier.

Of course you can open the box, the evicted tenants no longer have the right to possess it. Of course you can remove the mail, it does not belong in there to begin with. You just cannot hold their mail hostage.

What the HOA charges you for this mess is between you and the HOA.

If the ex-tenants did not return the keys and you end up having to pay, you sue the ex-tenants in Small Claims court.

Answer 2

you can not mess with anyones mail. You'll have to keep their deposit and sue for the cost of the keys. If you have no forwarding address give the mail to the post office so you don't get into trouble.Obviously they aren't conserned about their mail so whats the pointr in holding it expecially if you can get into trouble.

Answer 3

I SUGGEST THAT YOU CHANGE THE LOCKS. THEY MOST LIKELY WILL NOT RETURN THE KEYS.  SEND THE MAIL BACK WITH THE MAIL CARRIER.  THE EVICTED TENANTS SHOULD NOT HAVE ACCESS TO THE MAILBOX. THIS IS JUST MY OPINION, NOT THE LAW.

Answer 4

no you can't keep their mail and it probably be simpler just to change the locks and as for it being a story it's against the law,but the good new it's only a misdemeanor.

Answer 5

You cannot hold their mail.  You simply need to give the mail to the letter carrier.  If they have a change of address on file, the carrier  should be able to forward their mail to them. If they do not have one, the mail will be returned to the sender as unable to forward.  It's against the law to tamper with the U.S. mail no matter who you are.

Your best recourse is to hold their deposit pending return of the keys or deduct that amount from their deposit.  I don't know what the mail room set up is, but keys to the individual mail boxes should be changed any time someone moves in or out.  That's a security violation.

Answer 6

If you take mail addressed to someone else that is a federal crime as it constitutes improper interference with mail delivery (same as if stole any other piece of property that belongs to someone else) and you can be charged for theft by the person who rightfully owns the mail or by the police or, because it is mail, by federal authorities

. If someone is no longer living at that address the mail is to be sent back to the post office with a notation on the envelope that the addressee no longer lives at that address.  Because most mail has no commercial value, it does not fall within the scope of property that can be held due to unpaid rent in some juridictions.  

Any property that you might legally be allowed to withhold due to unpaid rent should be spelled out in a rental agreement. If its not, and you take/keep/withhold it anyway, don't be surprised if the former tenant turns the tables and sues you for consumer fraud and/or theft and/or files criminal charges based on these same allegations.  

Finally, if you changed the lock anyway, doesn't that render the old key worthless?

Answer 7

Buddy, I feel your pain, but it illegal for you to hold their mail.   It is actually a federal offense and he can have you arrested.    The post office is the one that will prosecute you, and they do take this very serious.

You have to give the mail to the post man, marked with "forward no longer at this address".

Sue the dead beat for the 3 months rent, you will eventually get it, just not now, when you need it.

Answer 8

You need to change the lock and have the mail sent back to the post office. Even if you held their mail the chances are they are not going to return the key so holding on to their mail is going to be burden to you and more than likely a waste of a time. As far as the laws I'm not sure of the details but you could be dealing with federal crimes. Its not worth it.

Answer 9

Better yet, write evicted, return to sender on the mail and return it. As for re keying, yeah it sucks but ya got to do it. I really doubt they are going to come looking for it from you. and why mess with The Man. just do that and send it back.