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

[justalayman]

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.

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

And that is why the landlord should not ignore the issue but


The fact remains: landlord has no business handling the tenants mail unless the tenants ask op to do so. The landlord does not have the authority to interecept mail based on his own beliefs of what mail should or shouldn’t go to the tenants.



Of,course there is this federal law that appears to apply as well:

18 U.S. Code § 1708.Theft or receipt of stolen mail matter generally

Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or
Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or
Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Shall be fined under this title or imprisoned not more than five years, or both.

Op is taking mail out of a mail receptacle that is not his. I didn’t see anything in there about an allowance that would allow somebody to take mail out of another’s mailbox and return it to the post office if they believe it shouldn’t be delivered to the tenant.

So, unless the tenant has authorized the op to monitor the tenants mail, op needs to leave their mail alone.


And through all of this, op has never stated tenants have given him permission to monitor and retain mail op believes the tenant should not be receiving. In fact, op asked this qu3stion previously:

thanks but is it "legal" for a landlord to refuse mail coming to the tenant?

The answer to that question as written would be a whopping big NO. If it is coming “to the tenant” then op is in violation of the law I cited without a doubt.

One more example of mail that I have received that op would probably send back:

I have used my dogs name for various issues and have received mail in the name of my dog (it’s a privacy thing for me).

 

[LdiJ]

And that is why the landlord should not ignore the issue but


The fact remains: landlord has no business handling the tenants mail unless the tenants ask op to do so. The landlord does not have the authority to interecept mail based on his own beliefs of what mail should or shouldn’t go to the tenants.



Of,course there is this federal law that appears to apply as well:



Op is taking mail out of a mail receptacle that is not his. I didn’t see anything in there about an allowance that would allow somebody to take mail out of another’s mailbox and return it to the post office if they believe it shouldn’t be delivered to the tenant.

So, unless the tenant has authorized the op to monitor the tenants mail, op needs to leave their mail alone.


And through all of this, op has never stated tenants have given him permission to monitor and retain mail op believes the tenant should not be receiving. In fact, op asked this qu3stion previously:



The answer to that question as written would be a whopping big NO. If it is coming “to the tenant” then op is in violation of the law I cited without a doubt.

One more example of mail that I have received that op would probably send back:

I have used my dogs name for various issues and have received mail in the name of my dog (it’s a privacy thing for me).

I have an alias that I use for anything I feel "iffy" about...similar situation to yours. I get mail in that name sometimes.

 

[FarmerJ]

LOL about nine years ago I don't recall which one of us filled out the contest card but one of us filled out a entry drawing card for something and the name entered was Bubba and last name Beagal ( our 12 in beagles name was bubba , with in a year we began to get advertising- junk mail addressed to him.)

 

[justalayman]

I’ve heard of credit cards being issued to dogs before

 

[FarmerJ]

Yes , my friend that died Ed, he had received more than one card offer in the mail from one of them companies that charged 28 % made out to his dogs name back when we all lived in Minneapolis. Pacesetter window company back in the late 80s and early 90s used to use a alternate to the phone companies reverse street address directory , that company used to once a year mail out SASE cards asking to be filled out and returned to them and anyway Pacesetter called one day phone soliciting for in home sales reps to come out to show Vinyl windows and doors asking for my Ms Munche Munche was a Calico cat. I had all I could do to hold back the laughter until I finally told the solicitor that ms Munche was a calico cat.