Is It Illegal to Shred Previous Tenants' Mail?
By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed April 23, 2024
Legally Reviewed
Fact-Checked
Have you been receiving mail from a previous tenant and don't know what to do with it? This article addresses what your obligations are in such situations.
Receiving mail from a previous tenant is annoying, especially if you don't know the former tenant. If you know who the person is, you can write a forwarding address on the envelope and send it on.
What should you do if you don't know who the person is? Can you open another person's mail? Can you throw it away? Read on to learn what you can and cannot do with other people's mail.
Can You Open or Shred a Previous Tenant's Mail?
In a word, no. It is a federal crime to destroy, hide, open, or embezzle mail that is not intended for you. The official crime is obstruction of correspondence, which is a felony. If you're found guilty of this crime, you could face up to five years in prison and some hefty fines.
But, not all mail is equal. The important part of the code section reads "not directed to [them]." You are probably not required to retain or forward all a previous resident's junk mail.
If you look at the address on most bulk mail, it often says "To Former Addressee or current resident." Most bulk advertisers target their mail at residents, even ads dressed up in formal envelopes. Junk mail addressed to the current resident is yours, and you can get rid of it.
What Should I Do If I Receive Someone Else's Mail?
If you're receiving the previous tenants' mail, it usually means the previous tenants did not send a change of address form to the U.S. Postal Service. You should write something like "return to sender," "wrong address," or "NSP" (no such person) and put it back in the mailbox. The mail carrier will take care of it from there.
The USPS uses barcode readers to route mail, so if the letter has a barcode across the bottom, you should cross it out. A live person must handle the letter and enter the correction into the post office's computers. It may take three to four months to correct.
What If I Accidentally Opened the Mail?
Since intent is required to establish mail theft, just opening a piece of mail is not illegal.
It is reasonable for you to assume the mail in your mailbox belongs to you. What is illegal is preventing the letter from reaching the intended recipient.
If you accidentally open mail in another tenant's name, reseal it and return it as discussed above. This is not considered tampering with the mail. Make sure you put everything back in the envelope before you seal it.
If you damaged the envelope and cannot safely reseal it, take it to the post office. Explain the situation. You're not the first person to accidentally open a former tenant's mail.
What If I Have Permission To Open the Mail?
If you have permission from the previous tenant, such as a roommate who moved out and didn't give you their new address right away, you may open the letter. Under federal law, an authorized agent may handle mail addressed to another person.
To avoid legal issues, you should have this permission in writing. This type of permission usually applies to secretaries opening their employer's mail and similar situations.
What If I'm the Property Manager? Can I Open the Mail of a Former Renter?
No. Property managers and landlords of rental properties may not:
Throw away mail from former tenants or deceased tenants
Throw away or destroy undeliverable mail
Open mail looking for new addresses
Fill out a change of address form for former tenants
Managers and landlords can only do the same things current tenants may do.
Talk to an Attorney if You Face Charges of Obstruction of Correspondence Opening and destroying mail intended for someone else is a felony crime.
If you face criminal charges of mail tampering, you should speak to a criminal defense attorney at once to discuss your options.
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17 comments:
We have to actually take the mail to a post box or post office. Not known at this address will probably mean it winds up in the dead letter office - and I doubt that anything is recovered from that black hole. Return to sender works.
We are the fourth owner of our house, and we’re still getting mail for the original owner, who moved out sometime in 1978. I’ll risk going to jail.
I get a ton of mail for the former owner of this house. I do all that it lists. It is annoying.
I hear Elvis in my head right now.
We bought our house in 1976. I don't remember getting previous owners mail but that was a long time ago. I do still get mail for my mother who died in 1990. We had her mail forwarded to my house back then. She is still on some mailing list that gets passed around every once in a while.
Junk mail in the trash? I would.
I got looking at mail stuff yesterday because I'm waiting for some medicine to show up and I don't want it sitting in a black mail box in 95 degree sun (115 inside the box).
I understand that the female owner of our condo passed away about a decade ago. Wonder if I should feel guilty tossing her junk mail?
Like Elephant's Child, I've taken it back to the post office. Not out of any concerns about getting arrested, but just because I'd want someone to do the same for me.
I think not. Unless you want to do a "return to sender" with all the junk mail. That would be fun.
What EC said and I sometimes add "do not send again" right after "return to sender".
Thanks Mike! And of course, any merchandise or gift that is addressed to you that you did not send for may be considered a gift and you can keep it without penalty or charge
Exactly.
Does it work?
I haven't had any company do that for me yet.
In the Cayman Islands, there's no mail delivery system. Everybody picks up their mail at their po box. I've had my PO box for 3 years and I'm still getting water bills from somebody you had to PO box before me. The the water company doesn't even bother (when they get the mail back) to look into the address or stop sending them.
They're going to owe me a new pen from writing "return to Sender" every month on their mail.
Is the water company that far from you? I'd make an in person trip to enlighten them.
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