{"id":352094,"date":"2019-11-07T12:34:35","date_gmt":"2019-11-07T17:34:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/is-it-illegal-to-shred-previous-tenants-mail.html"},"modified":"2024-04-23T09:33:09","modified_gmt":"2024-04-23T14:33:09","slug":"is-it-illegal-to-shred-previous-tenants-mail","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/is-it-illegal-to-shred-previous-tenants-mail.html","title":{"rendered":"Is It Illegal to Shred Previous Tenants’ Mail?"},"content":{"rendered":"\n
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Is It Illegal to Shred Previous Tenants' Mail?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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It is illegal to shred a previous tenant\u2019s mail, as federal law prohibits destroying, hiding, or opening mail not addressed to you. This offense, known as obstruction of correspondence, is a felony that can result in fines and even prison time.<\/p>\n\n <\/div>\n\n\n\n

It’s not uncommon to be unsure what to do when you receive mail for a previous tenant. If you know who the person is, you can write a forwarding address on the envelope and send it on. But in many cases, you don’t know the addressee and don’t have their contact information.<\/p>\n

Can you open another person’s mail? Can you throw it away? This article addresses your legal obligations in such situations.<\/p>\n

Can You Open or Shred a Previous Tenant’s Mail?<\/b><\/h2>\n

In a word, no. It is a\u00a0federal crime<\/a>\u00a0to 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.<\/p>\n

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 of a previous resident’s junk mail.<\/p>\n

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.<\/p>\n

What Should I Do If I Receive Someone Else’s Mail?<\/strong><\/h2>\n

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<\/a> (USPS). 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.<\/p>\n

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.<\/p>\n

What If I Accidentally Opened the Mail?<\/b><\/h2>\n

Since\u00a0intent\u00a0is required to establish\u00a0mail theft<\/a>, 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\u00a0preventing the letter\u00a0<\/a>from reaching the intended recipient.<\/p>\n

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.<\/p>\n

If you damaged the envelope and cannot safely reseal it, take it to the post office<\/a>. Explain the situation. You’re not the first person to accidentally open a former tenant’s mail.<\/p>\n

What If I Have Permission To Open the Mail?<\/b><\/h2>\n

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.<\/p>\n

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.<\/p>\n

What If I’m the Property Manager? Can I Open the Mail of a Former Renter?<\/b><\/h2>\n

No. Property managers and landlords<\/a> of rental properties may not:<\/p>\n