What to Do if Your Landlord is Stealing Your Mail
Mail theft is an incredibly serious federal crime in the United States. Due to this, there are federal statutes which protect tenants from mail theft of all types, including situations in which the landlord has (1) withheld (2) disposed of (3) opened (4) or given mail to others, without the consent or knowledge of the tenant.
US Code Section 1708 states that taking or concealing mail that is not intended for the individual who has taken or concealed it, is considered theft and is punishable by law. This code was amended in 1952 to become even more rigid, and now any theft of mail, regardless of the monetary value of the mail, is a third-degree felony, which is punishable by fine or up to five years in prison.
Since mail theft is a federal crime, the recourse if you believe that your landlord is stealing your mail, is largely the same regardless of where you are within the United States.
Generally speaking, here are several steps that you can take if you believe that your landlord is stealing your mail.
Step One: Confront Your Landlord
If you believe that your landlord is stealing your mail, oftentimes calling them out on it will be enough for them to stop.
a. If you are sure they are stealing your mail: write them an email or letter (so there’s a record) expressing your knowledge that they are stealing your mail and let them know that you will go to the authorities if they do not cease.
b. If you are unsure as to whether or not they are stealing your mail: write them an email or letter (so there’s a record) expressing your concern that someone has been stealing your mail, and mention that you are considering calling the police to investigate. In some instances, this will be enough for the landlord to stop stealing your mail.
c. In addition to confronting your landlord and mentioning the police, you can also remind them that they have a responsibility to provide you a safe and secure place to live, and that it is their job to make sure the apartment building is safe from criminals. Even if they do not admit to stealing your mail, someone is, and this is a crime that the landlord has a duty to prevent. You can use this as an opportunity to request the landlord install cameras or lights near the mailboxes. You can also request they change the locks on the mailbox and give you the only key.
d. If you signed the lease to live in a safe rental property, they are responsible for maintaining this or helping prevent this crime.
Landlords have a responsibility to secure the property, and they are liable for criminal acts by third parties if the building is not properly secured. If you can make a case that your landlord is not properly securing your mailbox or that your landlord is accessing your mailbox without your consent, your landlord is liable to rectify or cease this behavior.
Step Two: Contact the Police
a. If your landlord keeps stealing your mail even after you warn them that you will go to the police, then it is time to reach out to the authorities. Call a non-emergency number and ask to file a police report regarding the stolen mail. Make sure you get a copy of the report.
Step Three: Hire an Attorney.
a. Unfortunately, mail theft is notoriously not high on the police’s list, so if the matter is pressing, it might be more beneficial for you to reach out to a Tenants’ Rights Lawyer, like the ones presiding at the Tenants Law Firm in Los Angeles, California. Tenants’ rights lawyers can be hired to write cease and desist letters, which comes in handy if the landlord has not taken your own letter seriously. Oftentimes, a letter from a lawyer will help convince a thieving landlord that enough is enough.
b. If it comes down to it, a tenants’ rights lawyer can also represent you in a lawsuit against your landlord to either force them to stop stealing, recover lost, stolen, or damaged property, or help you be compensated for anything that they have stolen.
Step Four: File a Complaint with U.S.P.S.
a. Since the U.S Postal Service is in charge of all mail in the United States, it is within your rights as a U.S citizen to file a complaint with U.S.P.S regarding your stolen mail. If you believe you are the victim of mail theft, you can and should report the theft right away to your nearest postmaster or Postal Inspector. You will also have to file a “Mail Theft and Vandalism Complaint Form” with U.S.P.S, called PS Form 2016. You may file this form online so your claim can be reviewed, and the situation will be investigated.
What are the laws concerning stolen mail in California?
If your mail is stolen specifically in California, you must first remember that, under California Penal Code Section 530.5(e) mail theft is a misdemeanor offense, punishable by up to a year in jail and a $1,000 fine, although this punishment becomes significantly more severe if the theft is considered a federal crime, upon which the trial will occur in Federal Court.
What is the Implied Warranty of Habitability?
Landlords in California also have an obligation to follow the “implied warranty of habitability” which is detailed in California Civil Code section 1941, and states that “all landlords covenant that the leased premises are suitable living quarters and will be sufficiently maintained for the duration of the lease”—it is an obligation that cannot be waived by the landlord.
Therefore, as per step two in the general guide above, if you are a tenant in California, you could have a case on the grounds that a broken mailbox or one that someone can steal from is not “suitable living quarters” or “sufficiently maintained” and you could use this angle to encourage your landlord to cease their thievery, or invest in increased security against mail theft.