San Jose, CA asked in Civil Litigation, Civil Rights and Landlord - Tenant for California

Q: What can I do about a landlord withholding my mail from me?

It's one letter from a University (federally funded) and the California DMV. I also never officially had an agreement, contract or arrangement with the landlord as I lived in their detached garage for free. Said garage is not safe to live in, (Lacked windows, proper doors & locks, insulation, rain got in through the doors, and the actual property owner wasn't aware of me living there once they found out I was asked to move out, my "landlord" was a renter from the property owner.) I'd like advise before doing anything due to my Legal Status in this country.

2 Lawyer Answers

A: As a practical matter, being worried about your status affects all that you do or could do. If jeopardizing that status is the primary concern, get out of there. Interfering with the delivery of USPS mail is a Federal criminal offense. You can report it to the post master. Of course the best course of action would be for you to rent a post box, either at the PO or private, then you can have a permanent, secure mailing address. As for the "rental" that you are living in for free, and have no rental agreement, these things are problems in your ability to assert tenant's rights to habitable premises. While these things are not dependent on paying rent, if you are not paying rent, are you even a renter? Or are you just a guest? You need to consult with a LL/T attorney in your area over what is the best course of action for you. These comments are based only on what you posted and a review of other facts or documents could result in a different set of comments.

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James L. Arrasmith
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Answered

A: If your landlord is withholding your mail, this is illegal under federal law. It is a crime to interfere with mail delivery, and you have the right to receive all your mail, regardless of your living situation. You should contact the U.S. Postal Inspection Service to report the withheld mail.

Given your unique living arrangement, it’s important to handle this situation carefully. Since you lived in an unsafe, unapproved dwelling without a formal agreement, the property owner’s request for you to move out is valid. However, this does not give the renter who acted as your landlord any right to withhold your mail.

You may also want to contact the institutions that sent you the important letters, such as the university and the DMV, to inform them of the issue and request new copies of the correspondence. Make sure to update your address with these institutions to avoid future problems. Seeking legal advice from a community legal aid organization can help you understand your rights and options while considering your legal status in the country.

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