Legal Question in Legal Ethics in California

I asked this question previously, but the response came back as if I were a previous renter. I am the owner and the renters failed to inform me that there was important mail that they had received. They failed to let me know (whether intentionally or unintentionally). I visited the renters to respond to their calls to replace light bulbs and other plumbing issues. So, they could have easily given me the mail that they were "collecting ('hiding')" in the kitchen drawer.

Previous question:

"Renters at my property for one year received important mail that were for me at the rental property address. Many certified mail notices and other important mail were kept in a kitchen drawer for the entire length of their rent period. These mail were discovered after the renters moved out. The renters all had my phone numbers and address to forward these mail. In fact, I went to the property at several occasions to repair and replace light bulbs and other repair calls.

What legal obligation do these renters have for the problems that arose due to these mail not being delivered to me. I am facing a lot of fianancial penalities and costs due to not responding to these mail that I never received. Is there any way that they could be charged for these costs and expenses due to their intentional (or unintentional) hiding of these mail? Thanks"


Asked on 9/21/09, 5:28 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might see if you can collect from them through small claims court. They definitely should not have held onto your mail -- especially if they signed for certified return receipt mail which they should have known was important.

In the future, you might include in your rental agreements a clause that states that renters shall immediately advise you of mail for you that arrives. Also, you might want to have the post office forward all of your mail to your home address.

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Answered on 9/21/09, 6:16 pm


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