Legal Question in Real Estate Law in California

Is my landlord breaking the law?

We are renting a house (in California). Our landlord is attempting to owner re-finance. He is apparently telling the mortgage company that he lives here. He has asked us to contact him if we get any mail addressed to him, and asked us to leave while an appraiser came. My questions are:

1) Is he breaking the law (if yes, what law)?

2) Are we putting ourselves at ANY legal risk, for example signing for a fed-ex package with his name on it, but our address.

3) Is there any other possible non-legal risk, like setting ourselves up for identity theft, as one example.

4) Are we obligated to collect his mail at our address? By collecting his mail are we implicitly aiding him in anything illegal that he is doing (tax evasion? fraud?)

5) If we refuse to collect his mail are we simply protecting ourselves or are we being unruly tenants?


Asked on 11/30/02, 11:01 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is my landlord breaking the law?

Telling a prospective lender that you live at the property being refinanced when in fact it is rented out, in order to get a lower interest rate, is deceit (a civil fraud) and when the lender acts upon the misrepresentation it can result in civil liability. See Civil Code sections 1709 and 1710. It could be a crime under Penal Code sections 532 or 532a, but this is not the kind of fraud that interests police and prosecuters, so most likely an action, if any, would be civil in nature.

You are probably not at risk for fraud or conspiracy in receiving and/or signing for mail and other deliveries addressed to the landlord. Your risk might be greater in refusing it, with the possibility that it would later go astray and you could be blamed. Of course, you are at risk if you accept mail or packages and later lose it/them.

There is no one perfect answer for dealing with the mail and other deliveries, but caring for it pursuant to the landlord's directions does not seem to implicate you in the fraud nor otherwise be a worse alternative than declining receipt.

You can hardly be accused of complicity in fraud if you marely receive the mail and do not study the return addresses, know the contents, etc., so merely act as a temporary repository and keep your noses out of the particulars. Further, if anyone asks questions (such as an appraiser), then answer questions truthfully, including "I don't know" whenever you are in fact less that sure about a matter.

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Answered on 12/02/02, 2:33 pm


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