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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 14 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.
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