Get Legal Help Today
Secured with SHA-256 Encryption
If a security deposit check has been issued and mailed to one of the former tenants with both tenants names, and the tenant who recieves the check decides to withhold the check, is that considered withholding mail and or is it in violation of any laws?
Asked on June 15, 2009 under Business Law, California
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I'm not a California lawyer, but I'd say that if you mailed the check to the address you were given for the purpose, and one of the former tenants received it, you're in the clear. If the envelope had both tenants' names on it, either one had the right to open it. And once one of the named addressees on the envelope gets the envelope and opens it, that's pretty much it as far as the postal service goes -- and as far as you're concerned, as well.
What they choose to do or not do with that check, from this point, is their problem. If you have any proof that the one tenant did in fact receive it, I'd make sure that proof was safe and available for use later on if you need it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.