Hayward, CA asked in Landlord - Tenant, Real Estate Law and Federal Crimes for California

Q: I went out of town and my landlord lost my mail. What can I do?

My girlfriend and I live in a studio attached to the homeowners house. He does not have a specific place for our mail. I asked him to hold our mail for two weeks as we were going to be out of town.

Two pieces of mail were very important as one was a credit card and the other was medical insurance, with sensitive information on it.

We signed a lease on Zillow but that’s it. Would we be able to break the lease because of this?

He told me on the night before we were coming home that he had lost our mail.

Thank you.

2 Lawyer Answers

A: There are tort causes of action for invasion of privacy, but this looks like something that may have taken place accidentally. A landlord-tenant attorney could advise definitively, but an accidental loss of mail, in the course of doing a favor doesn't look like something that a court would find serious enough to break a lease or rise to the level of crime. Good luck

James L. Arrasmith
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Answered

A: Losing important mail, especially containing sensitive information like a credit card and medical insurance details, is a serious issue. You have a right to receive your mail securely, and your landlord's failure to provide a proper arrangement or hold your mail safely could be considered negligence. This can be particularly concerning if it leads to potential identity theft or other security issues.

While this situation is frustrating, breaking a lease usually requires a more substantial violation of tenant rights, such as unsafe living conditions or harassment. However, the loss of sensitive mail could support a claim of negligence, especially if it affects your safety or financial security. Document all communications with your landlord regarding this incident, as this could be important if you decide to take further action.

You may want to discuss your concerns with your landlord directly to find a solution for safely handling mail in the future. If you're considering breaking the lease, it would be wise to review your lease agreement for any specific clauses that might apply. Seeking legal advice could also help you understand your options and rights in this situation.

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