Legal Implications of Handling Misdelivered Mail: Accepting, Discarding, or Returning

When you receive mail that is not addressed to you but is sent to someone who lives at your residence, the actions you take can have substantial legal implications. This article discusses the legalities of accepting, discarding, or returning misdelivered mail, with a focus on the US postal system and the relevant legal statutes. Whether you are a landlord, tenant, or a homeowner, understanding these principles can help you avoid potential legal issues.

Potential Legal Consequences

The handling of misdelivered mail can have serious legal implications, ranging from fines to possible jail time. According to 18 U.S. Code § 1701, Obstruction of the mails, anyone who obstructs or retards the passage of the mail can face up to six months in jail or a fine, or both. Similarly, 18 U.S. Code § 1708 addresses Theft or receipt of stolen mail matter generally, with penalties of up to five years in prison or a fine, or both.

Best Practices for Handling Misdelivered Mail

To avoid legal complications, here are some best practices for handling misdelivered mail in the United States:

Do Not Remove from Mailbox

If the mail is addressed to someone who does not live at your address, do not remove it from the mailbox. According to postal regulations, you should leave the mail intact and return it to the sender as soon as possible. Writing on the mailer or marking it for removal is also forbidden.

Handling Incoming Misdelivered Mail

When you receive mail in a Cluster Box Unit (CBU) cluster mailbox, the correct procedure is to place it in the outgoing mail or in a USPS collection bin. If the mail is addressed to a past resident, follow these steps:

Place each mailer inside your mailbox with a ‘NOT at this address’ label and ensure the flag is raised. If you receive incoming mail in a CBU, place it inside your mailbox but try to draw attention to it by standing the mailers on their edge or tying a ribbon around the bundle of past resident mail. Take the mailers to the local USPS location and give them to the clerk. Request the Form 3575Z/MLNA internal COA/moved left no address for each past resident name variation. Label your mailbox with the street number and the last names of those who should receive first-class mail/packages. Ensure the current resident label faces the mail carrier. Fill out the new customer/resident card at the USPS location. Consider using the VACANT card or Form 4232. Register your address with the USPS Informed Delivery, a free service that emails you daily about USPS mail delivered to your address, including past residents’ mail. If necessary, contact Informed Delivery to remove previous resident accounts.

Proper Return of Misdelivered Mail

Properly returning misdelivered mail is crucial. Key tips include:

When you receive past resident mail, return it to the USPS by adding a ‘NOT at this address’ label to each mailer and placing them inside your mailbox with the flag up. If you receive past resident mail in a CBU cluster mailbox, do not place the return mailers in the outgoing mail slot or the USPS collection box. These mailers will be lost and may be delivered to your mailbox multiple times. Key identifiers are the mail sorting machines, which sort by the first four letters of the first and last names. Ensure the mailers are identifiable to prevent future mail delivery.

Also, note that if a past resident mailer indicates “or current resident,” this message wrongly implies that you are the current resident, as the sender does not have to update their mailing list. Always verify the current status and proceed accordingly.

Conclusion

Operating within the bounds of postal law requires careful attention to detail. Whether you are handling mail for yourself or for someone else, understanding the legal implications and following the recommended procedures can help prevent any legal issues. By adhering to USPS guidelines and using available resources like Informed Delivery, you can ensure that misdelivered mail is managed properly and legally.