Q: Q: If a landlord prevents a tenant from getting his/her mail: 1) what is the crime 2) what can be done
Landlord withholding gate key to property so mail carriers can’t get onto property to deliver the mail?
A:
Under California law, if a landlord prevents a tenant from getting their mail, it could potentially constitute a crime and provide grounds for legal action:
1. The crime:
- Interfering with the delivery of mail is a federal offense under 18 U.S.C. § 1701, which prohibits knowingly and willfully obstructing or retarding the passage of mail.
- California Penal Code Section 591 makes it a misdemeanor to maliciously remove, destroy, or obstruct mail delivery.
- The landlord's actions may also violate the tenant's right to quiet enjoyment of the rental property, which is implied in every rental agreement under California law.
2. What can be done:
- The tenant should document the issue and provide written notice to the landlord, requesting that the problem be resolved promptly.
- If the landlord fails to resolve the issue, the tenant may file a complaint with the local postmaster or the United States Postal Inspection Service (USPIS).
- The tenant could also consider filing a civil lawsuit against the landlord for violating their rights and seek damages or injunctive relief to ensure mail delivery is not obstructed.
- In cases of persistent mail obstruction, the tenant might be able to terminate the lease under the "constructive eviction" doctrine, arguing that the landlord's actions have made the property uninhabitable.
- Tenants can seek legal advice from local tenant rights organizations, legal aid clinics, or private attorneys specializing in landlord-tenant law.
Withholding a gate key to prevent mail carriers from accessing the property to deliver mail would likely be considered a form of mail obstruction and could be addressed through the methods mentioned above.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
