withholding tenant's mail

[lilbitwhitt]

I live in an RV park where everyone's mail is delivered to one PO Box, picked up by the manager of the park where it is kept until the tenant goes to the office to pick it up. I received verbal notice on 1/15/13 that I needed to move out by 1/31/13, no reason given. On 1/30/13, I received a voice mail that I could no longer get my mail from the RV park office and needed to get an address that my mail could be forwarded to. Can she legally do this? Should I call the postmaster or sheriff? I can't afford to pay $48. for a PO Box right now, I'm retired with a fixed income, etc.

[AFFA]

Re: withholding tenant's mail

I wish to inform you that you can first give a notice to landlord that your mail should not be stopped otherwise you may take legal steps. If still your landlord does not agree then you can obtain a court order that your landlord should not restrict your mail. You can represent yourself in court and argue that as you still reside in premises thus your mail cannot be stopped. You can further contact post master and request for hold mail service where your mail may be kept by Post Master for certain period of time. You can further contact sheriff for necessary assistance.

AFF

[sandyclaus]

Re: withholding tenant's mail

I live in an RV park where everyone's mail is delivered to one PO Box, picked up by the manager of the park where it is kept until the tenant goes to the office to pick it up. I received verbal notice on 1/15/13 that I needed to move out by 1/31/13, no reason given. On 1/30/13, I received a voice mail that I could no longer get my mail from the RV park office and needed to get an address that my mail could be forwarded to. Can she legally do this? Should I call the postmaster or sheriff? I can't afford to pay $48. for a PO Box right now, I'm retired with a fixed income, etc.

Based upon your other thread, knowing that you live in California, the LL is required to provide you with WRITTEN notice if they intend to ask you to move out. Verbal notice is not enforceable by law.

As long as you are a tenant at the RV park, you are legally entitled use of the park's facilities and services. While you may allow them to receive your mail, that does not give the office the right to withhold it. File a complaint with the postmaster IMMEDIATELY to advise them of your stolen mail. It would be a Federal offense to take or withhold mail that doesn't belong to you.

[Friend In Court]

Re: withholding tenant's mail

I live in an RV park where everyone's mail is delivered to one PO Box, picked up by the manager of the park where it is kept until the tenant goes to the office to pick it up. I received verbal notice on 1/15/13 that I needed to move out by 1/31/13, no reason given. On 1/30/13, I received a voice mail that I could no longer get my mail from the RV park office and needed to get an address that my mail could be forwarded to. Can she legally do this? Should I call the postmaster or sheriff? I can't afford to pay $48. for a PO Box right now, I'm retired with a fixed income, etc.

Once you have moved the landlord is under no duty to hold your mail and actually has to return it if you are no longer living there.

If you cannot afford to rent a postal box, surely there must be a friend who will receive mail for you. Put in a change of address with the postoffice to the other address, "c/o such and such a person" at that address is the best you can do.

You can, while you are attempting to resettle, have the postoffice hold your mail at the postoffice. But they will only do so for a brief period of time, perhaps a couple of weeks.

But once you are no longer living at the RV park, the landlord must return the mail.

[Friend In Court]

Re: withholding tenant's mail

As to the big issue, the short notice eviction:

As to the required notice to move, RV Rental Parks are governed by California Civil Code Sections 799.20 to 799.79. The Code is available online.

Your post does not state the reason you were given notice to move. If one defaults on their rent, per the Code, a landlord may given a 72-hour written notice to vacate. If one does not move within that time, the park manager may have the sheriff or other law enforcement agency move it to a storage lot.

However, if rent is current or the removal is demanded for any other reason other than non payment of rent or utilities, then written notice of 30 days must be given, no less and up to 60 days in some instances. [See CCC Sections 799.46 to 799.78]

My recommendation is that you apply to Legal Aid immediately for help staving off this eviction from the park. The Code provides that the prevailing party is entitled to legal fees, too, so if an attorney believes you have good grounds to remain and the landlord is at fault for wrongfully trying to evict you, they will have to pay your legal fees.

[kashanh]

Re: withholding tenant's mail

I am a retired postal employee. 1st class mail can NEVER be not delivered to you as long as you live there!!!! NO ONE has any right to interrupt your mail service! This is a FEDERAL offense!!! Good luck!