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Miaochan Zhi
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Tenants didn't give us the mail until almost two years later

Miaochan Zhi
Posted Nov 15 2022, 11:54
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail.  They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,

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Chad Quick
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Replied Nov 15 2022, 13:30

Thats a tough one but something you have to handle before you move tenants in. Im assuming you lived there before turning it into a rental? If you are asking if there is any recourse? No

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John Underwood
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John Underwood
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Replied Nov 15 2022, 13:59

Why didn't you just forward your mail or contact everyone with your new address?

It is unrealistic to put the task of collecting your mail for you on your tenant. 

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Nov 16 2022, 06:02
Quote from @Miaochan Zhi:

They have no responsibility to collect your mail. However, they agreed to do it, so I would argue that they do have a responsibility by their own admission.

If I had money in their deposit, I would charge them for the $525 and see if they fight me over it. If they push back, I may give it back or try to negotiate a partial refund.
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Miaochan Zhi
Replied Nov 16 2022, 06:10
Quote from @John Underwood:

Why didn't you just forward your mail or contact everyone with your new address?

It is unrealistic to put the task of collecting your mail for you on your tenant. 


we bought a new town house as investment property. the builder knows. the lender knows. I called the tenant many times asking for HOA doc. they said they didn't see any.

the attorney contacted me twice using certified mail and note on the door.  they didn't notify me. they put a lien on the house. I just paid off the overdue balance and have to go to the court to get the lien removed.

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James Wise#3 All Forums Contributor
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James Wise#3 All Forums Contributor
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Replied Nov 16 2022, 06:10
Quote from @Miaochan Zhi:
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail.  They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,


 This is on you, not the tenants. Most tenants would have just thrown it out.

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Miaochan Zhi
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Miaochan Zhi
Replied Nov 16 2022, 06:11
Quote from @Nathan Gesner:
Quote from @Miaochan Zhi:

They have no responsibility to collect your mail. However, they agreed to do it, so I would argue that they do have a responsibility by their own admission.

If I had money in their deposit, I would charge them for the $525 and see if they fight me over it. If they push back, I may give it back or try to negotiate a partial refund.

they broke the lease and will pay extra month rent. hopefully I can get it rent within one month. that will help with this fine.

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Miaochan Zhi
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Miaochan Zhi
Replied Nov 16 2022, 06:12
Quote from @James Wise:
Quote from @Miaochan Zhi:
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail.  They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,


 This is on you, not the tenants. Most tenants would have just thrown it out.


 Good to know.  Thank you. 

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Andrew B.
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Replied Nov 16 2022, 06:18

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.

Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that. 

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Theresa Harris
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Replied Nov 16 2022, 06:21

You should have had your mail forwarded.

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Kevin Sobilo
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Kevin Sobilo
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Replied Nov 16 2022, 06:24

@Miaochan Zhi, I would try reporting them to the post office. Its possible they could be charges with something like Obstruction of Correspondence. Perhaps you could be awarded restitution as part of a criminal case. I'm not saying its likely, but nothing to lose by trying.

https://www.law.cornell.edu/us...

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Miaochan Zhi
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Miaochan Zhi
Replied Nov 16 2022, 06:56
Quote from @Andrew B.:

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.

Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that. 


There are about 50 mails. They didn't give me single one.  this is not a missing mail occasionally situation.

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Bob Stevens
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Bob Stevens
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Replied Nov 16 2022, 06:58
Quote from @Miaochan Zhi:
Wondering if anyone else have experienced this issue and how to deal with it.
We asked the tenants to give us the mail.  They never contacted us. Now they are moving out they give us a bag of mail. there is an expired check and a bill that went to collection. I had a fee of $525. additionally, the two attorney letters that was sent were not given to me.
Can I get any of this loss from them? I probably will not do anything. But just wondering.

Thanks,

Why was your mail go to the rental property, ? Tenants do not care and no there is nothing you can do. This is 100% on you 
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Chad Quick
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Replied Nov 16 2022, 06:58
Quote from @Miaochan Zhi:
Quote from @Andrew B.:

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.

Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that. 


There are about 50 mails. They didn't give me single one.  this is not a missing mail occasionally situation.

 You are not getting the answer you want and I understand your frustration. As another member said, start your complaint at the post office and go from there. Personally, I would take it as a lesson learned, deflate my ego a little and move on. If they had thrown it away you would have never known anyways. 

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Replied Nov 16 2022, 06:59
Quote from @Nathan Gesner:
Quote from @Miaochan Zhi:

They have no responsibility to collect your mail. However, they agreed to do it, so I would argue that they do have a responsibility by their own admission.

If I had money in their deposit, I would charge them for the $525 and see if they fight me over it. If they push back, I may give it back or try to negotiate a partial refund.

 Cant say i agree with this but its an option if you are feeling frisky. 

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Andrew B.
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Replied Nov 17 2022, 09:07
Quote from @Miaochan Zhi:
Quote from @Andrew B.:

Sorry friend, but this isn't their responsibility as a tenant. It's your responsibility to get your mail forwarded/update your addresses on your accounts.

Lets flip the shoes for a minute. Tenant moves out and kindly asks you to look out for his mail. You agree but misplace something or forget something. Would you pay any fees related the missing mail? I don't think you'd want that. 


There are about 50 mails. They didn't give me single one.  this is not a missing mail occasionally situation.

 The added info wouldn't have changed my response.

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Lynn McGeein
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Lynn McGeein
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Replied Nov 17 2022, 15:08

It's likely all on you. We purchased a foreclosure property for investment and didn't find out until a year later after a lien was placed that it was in an HOA -- even though city records had our correct mailing address for the property, HOA attorneys sent notices to physical address and tenant did not pass them along, ever. Checked into it at the time, both because the bank, real estate agent, or attorney never notified us we were in an HOA (there are disclosure rules about that), and also if tenant could be at fault for not telling us about legal notices that came to the house. Couldn't get any traction on either argument.