Is it legal to not accept mail for non-tenants?

[LdiJ]

yes it is

I am not in agreement with a landlord returning mail addressed to a person not living at the unit unless it is a former tenant and the unit is not occupied. The landlord has no right to divert mail of any sort sent to a particular address where there is a current resident. It is up to the tenants to deal with the mail. For all the landlord knows, a current tenant may intentionally be receiving mail for a prior tenant.

I agree with you as well. If its addressed to a specific apartment it is up to the tenant in that apartment to refuse mail. The landlord doesn't have the right to do so.

 

[justalayman]

Yes. It is legal for a landlord to refuse to accept mail for non-tenants.

Is that quite clear now?

I believe you are wrong. A landlord has no authority to disrupt mail service to any particular dwelling unless it has no tenants. The mail is legally deliverable to the address stated. It is up to the tenants at that address to deal with the mail.

 

[cbg]

So you're saying it's illegal for him to write "not known at this address - return to sender" and dump it back in the mail?

 

[LdiJ]

I believe you are wrong. A landlord has no authority to disrupt mail service to any particular dwelling unless it has no tenants. The mail is legally deliverable to the address stated. It is up to the tenants at that address to deal with the mail.

A perfect example of a legit situation would be an example the OP gave themselves. The OP mentioned medical bills from relatives coming to a tenant's address. If a tenant has a family member that has passed away or gone into a nursing home the family member is going to have their mail redirected to the tenant's address.

 

[adjusterjack]

Oh sorry, I guess the question I should have asked is if it's legal for a tenant to receive mail for anyone who doesn;t live in the apartment and whose name is not on the lease?

How would you even know that it's happening?

 

[justalayman]

So you're saying it's illegal for him to write "not known at this address - return to sender" and dump it back in the mail?

Yes because he has no authority to act as the resident of the unit. As far as the law is concerned he is an uninvolved third (or fourth actually) party.

The residents of a dwelling are considere the legal possessors of the property. Their rights supercede the landlords rights in most cases. That’s why landlords can be arrested for trespassing if they illegally enter a leased dwelling without legal or specific permission

 

[justalayman]

A perfect example of a legit situation would be an example the OP gave themselves. The OP mentioned medical bills from relatives coming to a tenant's address. If a tenant has a family member that has passed away or gone into a nursing home the family member is going to have their mail redirected to the tenant's address.

This is a very good example.


In addition, issues such as the tenant using a pseudonym or a person since married but recieving correspondence in their maiden name would result in intended mail being diverted. . The landlord simply has no right to interrupt mail addressed to the individual dwelling unit regardless of the named addressees unless the dwelling is uninhabited and under the control of the landlord

 

[PayrollHRGuy]

If the mail is being delivered to, let's call it Apt A, where the OP lives and is for Apt B the PO is messing up. And the OP has every right to return mail that comes to HIS address that isn't his.

 

[LdiJ]

If the mail is being delivered to, let's call it Apt A, where the OP lives and is for Apt B the PO is messing up. And the OP has every right to return mail that comes to HIS address that isn't his.

But he does not have the right to return mail that comes to his tenant's address. Only his tenant has the right to do that.

 

[justalayman]

But he does not have the right to return mail that comes to his tenant's address. Only his tenant has the right to do that.

And that appears to be what the op is doing. He is playing mailman and although his intent appears to be good natured, he really needs to let his tenants deal with unwanted mail

 

[PayrollHRGuy]

But he does not have the right to return mail that comes to his tenant's address. Only his tenant has the right to do that.

He shouldn't be in possession of his tenant's mail to begin with.

 

[quincy]

He shouldn't be in possession of his tenant's mail to begin with.

Unless there is a single mailbox or single deposit point for all of the mail (which does not appear to be the case here), I agree. The landlord should not be opening the tenant's mailbox or sorting through the tenant's mail.

 

[mikehende]

As one person mentioned here guys, the main issue I think is that if a tenant receives the mail for a non-tenant then that establishes that the person is living here.

 

[justalayman]

As one person mentioned here guys, the main issue I think is that if a tenant receives the mail for a non-tenant then that establishes that the person is living here.

Not in itself it doesn’t. It can be a concern for a landlord and the landlord should take precautions the addressee isn’t actuslly livIng at that residence but in itself, no, it does not establish residence.

Heck, I have three addresses (legitimately). I can recieve mail at all three but only one is my legal residence even if I receive mail at the others.

 

[quincy]

In an action to remove a "guest" from a rental unit, the guest can claim residence/tenancy by saying there was an oral agreement or by using the fact he received mail at the unit. This then could require formal eviction to remove the guest.

As one person mentioned here guys, the main issue I think is that if a tenant receives the mail for a non-tenant then that establishes that the person is living here.

New York permits a tenant to have family living with them, even if family members are not on the lease. The family are held to the terms of the lease and should leave with the tenant when the lease expires.

What can be a problem for a landlord is when a guest becomes more than a "transient" guest, through an extended stay in the rental, receipt of mail at the rental address, and having no other residence in his name.

The landlord can then be in a position where he must formally evict the unwanted guest.

https://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/eviction-of-unwanted-house-guests.htm

https://www.nysenate.gov/legislation/laws/RPP/235-F