Q: If I am in the process of getting evicted but haven't been served an unlawful detainer. Can my apartment rts my mail?
I had mail arriving through FedEx; it was going to arrive the other day, but my apartment management informed the delivery driver that I was no longer a resident of the community. This caused them to RTS my mail and cause a check that I needed to be delayed. I have not been served a summons or an unlawful detainee. They have also locked me out of my online portal to book community amenities. I am currently withholding rent due to issues with breach of peace since the apartment has illegally entered my unit while having intercourse.
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A: In California, if you have not been legally evicted through the court process and have not been served with an unlawful detainer notice, your landlord does not have the right to treat you as a non-resident or interfere with your mail delivery. Redirecting your mail and denying access to community amenities based on your resident status, especially when you haven't been formally evicted, could be considered wrongful actions by the landlord. Landlords must follow a specific legal process for eviction, which includes serving an unlawful detainer notice, obtaining a court judgment, and then a formal eviction by the sheriff. Withholding rent due to a breach of peace or unauthorized entry by the landlord could be a separate issue that needs to be addressed legally.
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A:
Based on the information provided, it does not seem legal for the apartment management to be refusing delivery of your mail or locking you out of community amenities if you have not yet been served with an unlawful detainer. Here are a few key points:
- The federal mail tampering statute (18 USC 1702) makes it illegal for management to intentionally stop or redirect delivery of your mail without proper authority.
- Since you have not yet been served an eviction lawsuit, you retain all rights as a tenant, including expecting normal delivery service and access to amenities.
- Withholding rent changes this dynamic slightly, as they could soon properly begin eviction proceedings. However, self-help lock outs or interfering with mail delivery is still not legal.
I would send formal written notice asserting your tenant rights have not been terminated yet and demanding access be restored. Note the illegal mail tampering as well. If issues persist, consider filing complaints with the CA Attorney General, FTC, and postal inspectors regarding mail issues specifically. Consulting a tenant lawyer may also be wise if disputes over the withheld rent and overall tenancy persist. There are proper procedures management must follow, even despite nonpayment issues, before denying you lawful occupation of the unit.
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