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Landlord blocking use of mailing address

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SMF88011

Member
What is the name of your state? NM

We have been using a family member's address as a US mailing address for years. They are now saying that their new lease states that they can only receive mail for those listed on the lease. Is this an enforceable term of a lease? I have been told multiple times it is up to the family member if they accept mail for other family members at their address. Is that correct?
 


zddoodah

Active Member
We have been using a family member's address as a US mailing address for years.
I take it this means you are not a resident of the U.S. Correct?


Is this an enforceable term of a lease?
As a practical matter, probably not. However, unless your family member is willing to battle with his/her landlord, your ability to continue receiving mail there will be entirely up to the family member.
 

quincy

Senior Member
What is the name of your state? NM

We have been using a family member's address as a US mailing address for years. They are now saying that their new lease states that they can only receive mail for those listed on the lease. Is this an enforceable term of a lease? I have been told multiple times it is up to the family member if they accept mail for other family members at their address. Is that correct?
Does the family member whose address you’ve been using have a separate mailbox at the rental property or is the mailbox shared by all tenants and/or the landlord? Does the mail your family member collects on your behalf include packages (from the USPS, UPS, Fed Ex, etc)?

The US Postal Service will deliver mail to the address listed on the piece of mail, with little attention paid to the name on the mail.
 

Zigner

Senior Member, Non-Attorney
I suspect the reasoning behind this new rule is they don't want someone who is not listed on the lease to be able to claim some type of tenancy based upon them receiving mail addressed to them. That's not what's going on in your case, but it's easier (and smarter) to make a single rule instead of doing it on a case-by-case basis.

If you wish to receive mail at their address, you may be able to have the senders address it to you, in care of (c/o) your family member.
If that is not possible, then you may need to make some sort of arrangement for a mailbox at a commercial establishment (UPS Store, FedEx Store, etc.)

Lastly, it's possible that your family member just doesn't want to deal with this arrangement any longer...
 

quincy

Senior Member
... Lastly, it's possible that your family member just doesn't want to deal with this arrangement any longer...
This ^^^ sounds likely.

Most landlords/property owners do not have control over mail service or who can receive what.
 

Zigner

Senior Member, Non-Attorney
This ^^^ sounds likely.

Most landlords/property owners do not have control over mail service or who can receive what.
Agreed - in fact, assuming that the mail goes to an individual mailbox, there's no way the LL should even know.
 

quincy

Senior Member
Agreed - in fact, assuming that the mail goes to an individual mailbox, there's no way the LL should even know.
That’s why I was curious if it’s a shared single mailbox and/or if there is a (burdensome) number of packages being delivered to a non-resident.
 

Zigner

Senior Member, Non-Attorney
I really think this has more to do with making sure that somebody doesn't sneakily establish a tenancy while not on the lease. The OP's situation probably isn't what the LL is trying to prevent, but a blanket rule is a blanket rule.
 

quincy

Senior Member
I really think this has more to do with making sure that somebody doesn't sneakily establish a tenancy while not on the lease. The OP's situation probably isn't what the LL is trying to prevent, but a blanket rule is a blanket rule.
We routinely leave instructions for our tenants on how to handle mail for former tenants that is delivered to them. Many tenants do not inform the post office of their changes of address.

That said, even change of address forms are not a cure-all. We have lived in our house for years and still receive mail addressed to the former owners - and my parents still receive mail addressed to me.

My mother once sent in my corrected address to my alma mater and then I started getting mail sent to my correct address from the university but addressed to my mom.

I think a bigger concern than mail delivery would be package deliveries to non-residents.

But, whatever the case is here, SMF88011 has been told by his family members that their address can no longer be used by him. He will have to find an alternative.
 
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Zigner

Senior Member, Non-Attorney
My brother-in-law passed away 3 or 4 years ago now and hasn't actually lived in this house for 30 years, yet we still get mail (very occasionally) for him.
 

cbg

I'm a Northern Girl
I once got mail at a place where I've never actually lived, but where my former housemate does.
 

LdiJ

Senior Member
My brother-in-law passed away 3 or 4 years ago now and hasn't actually lived in this house for 30 years, yet we still get mail (very occasionally) for him.
I still get mail for my ex, and we split up 33 years ago.
 

LdiJ

Senior Member
I once got mail at a place where I've never actually lived, but where my former housemate does.
Get this one...I was doing an identity test with the local taxing authority. They asked me if I had ever lived at x address with x person. The address was my ex's mistress's house and the person was her. I failed the identity test because they wanted the answer to be yes, and I said no.:eek:
 

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