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Is this fair? Landlord Q


PrairieSong
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We have a duplex where the mail is delivered to a neighborhood mailbox. When the tenant moves out, they are supposed to return the key to the post office. If they do not, the new tenant is charged $25 for the lock to be re-keyed. Some people have the lock re-keyed even if the key has been turned in, because they don't want to take a chance on someone having a copy of the key to their mailbox.

 

Recently a new tenant wrote me a note with her rent payment, asking if I would refund her the $25 she had to pay, because the previous tenant had not turned in the key. But...this really has nothing to do with me, right? The tenants deal directly with the post office about this issue. I have never had anyone else ask me about it. I did not even know about the $25 fee.

 

If you disagree with my take on this, please explain why. Thanks.

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Nothing to do with you, and of course you should not have to refund a fee that you did not collect nor require. Perhaps the tenant is not aware you are not involved in the fee. For future purposes, I'd have that the lease agreement, the info that a fee may be required by the PO, paid to the PO, and that you as the landlord do not collect or refund that fee.

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If the mailbox is maintained by the post office, and all the dealings are between the tenants and the post office, then this has nothing to do with you.  Why should you refund a fee you didn't collect.  Tell her to talk to the post office.

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I would tell everyone there is a $25 fee to have the mailbox re keyed.  Period.  IF the key is returned and IF they choose to use that key, it is up to them.  But they should know that they will have to pay the fee as part of the non-refundable move in expenses. 

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Wellll, as a landlord, I would think that fee should fall to you, not the new tenant. Why should a new tenant who has nothing to do with the previous situation/renter have to pay up because one of your prior tenants did the wrong thing?  I don't think it's necessarily YOUR responsibility either, but if I had to compare, I'd say it's more yours than theirs. 

 

I think of the utility bill.  If a prior tenant left their bill unpaid, it wouldn't be the new tenant's responsibility, no way no how. (I called about this recently, and it wouldn't be mine either -- it'd be between the old tenant and the utility company). Just a not-100%-comparable comparison as food for thought. 

 

Take it out of the prior tenants's deposit.  And as someone else said, charge all tenants a $25 fee as part of the move in cost and refund it if they turn in the key. 

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Thanks everyone. Well I never collected $25 from the previous tenant because as I said, I didn't even know about the fee until very recently. Since this really has nothing to do with my property and is handled by the post office, I think I will tell new tenants about it from now on, as a courtesy, but I won't collect a fee. I will tell them to contact the post office.

 

I did call the post office to clarify whether this was a fee or a deposit and she said it was a fee for re-keying. They won't get it back. I told her about my situation and she said this really doesn't have anything to do with me directly as a landlord.

 

And no, the new tenant never is responsible for a previous tenant's utility bill but this isn't quite the same thing.

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I do see it as the same as charging a fee for an unpaid utility bill. Why should a new tenant be responsible for the old tenant's mistake? It may have nothing to do with you, but it is wrong. Does the new tenant have the option of changing units to a unit that does have a key and no fee? 

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I do see it as the same as charging a fee for an unpaid utility bill. Why should a new tenant be responsible for the old tenant's mistake? It may have nothing to do with you, but it is wrong. Does the new tenant have the option of changing units to a unit that does have a key and no fee?

I don't think so but I'm not 100% sure. I never thought of that question. I think there is one specific mailbox for each address.

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I think a complete rental comes with a functioning mail box, whether it's at the home of at a central location. Therefore I think your position as a landlord having "nothing to do with you" makes very little sense. It is up to you to provide a mailbox key to each tenant -- either by collecting the old key, or paying the fee.

 

Renting out a house that is (at the moment) lacking a basic service, and having your tenant contact the service provider directly (and pay whatever fees directly to them) is not fair or normal. You should deduct the cost the tenant paid from the current-due rent, and require him/her to surrender the mail key with the apartment key when they go. If the mail key is not returned, take replacement cost out of the damage deposit.

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We live in a trailer park that has community mail boxes.  We received our key from the park manager, and we were told that we would have to return it to her when we moved out.  We were told that if we lost the key, replacement cost would be ____. 

We never had any dealings with the post office in this manner; it has all been through the park manager.  They represent the property owner, so they handle the keys.
 

One way or another, this needs to be mentioned in the lease.

 

"Renter is responsible for contacting the post office to obtain access to the mailbox.  There may be a $25 fee to the post office to re-key the lock." 

 

or

 

"There is a $25 mailbox key deposit required as payment to the owner.  This payment will be refunded on moving out when the key is returned."

The only other detail is that if there is a lot of property damage (and I know some renters are that way), and someone doesn't deserve to receive their rental deposit, remember that the key deposit is separate from the apartment deposit.  It just is.

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I think a complete rental comes with a functioning mail box, whether it's at the home of at a central location. Therefore I think your position as a landlord having "nothing to do with you" makes very little sense. It is up to you to provide a mailbox key to each tenant -- either by collecting the old key, or paying the fee.

 

Renting out a house that is (at the moment) lacking a basic service, and having your tenant contact the service provider directly (and pay whatever fees directly to them) is not fair or normal. You should deduct the cost the tenant paid from the current-due rent, and require him/her to surrender the mail key with the apartment key when they go. If the mail key is not returned, take replacement cost out of the damage deposit.

Renters almost always have to contact service providers directly--to set up phone and Internet service, water, gas, electric, etc. in their name. It isn't fair to charge new tenants for the key fee, but the landlord has nothing to do with the agreement with the USPS either. It's also worth noting that there isn't residential mail delivery everywhere. In our previous house we had to rent a PO box to get mail, as did everyone else in town. The landlord didn't pay for the PO box rental--the tenant did.
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Landlord should be responsible. If I rented a house and the mailbox was broken., I'd expect the landlord to do repairs.

I would fix any broken mailbox on my property, which would be my responsibility if it were an individual one, but this community mailbox isn't even on my property.

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I think a complete rental comes with a functioning mail box, whether it's at the home of at a central location. Therefore I think your position as a landlord having "nothing to do with you" makes very little sense. It is up to you to provide a mailbox key to each tenant -- either by collecting the old key, or paying the fee.

 

Renting out a house that is (at the moment) lacking a basic service, and having your tenant contact the service provider directly (and pay whatever fees directly to them) is not fair or normal. You should deduct the cost the tenant paid from the current-due rent, and require him/her to surrender the mail key with the apartment key when they go. If the mail key is not returned, take replacement cost out of the damage deposit.

But I have nothing to do with the keys. The post office has them. I don't have them and don't hand them out to tenants. I've never even seen them. As for contacting the service provider directly, they do that with all the utilities for the property. They deal with the electricity, water, and gas companies. That is on the rental contract, that they are responsible for all utilities. I honestly would have at least told them about the $25 post office fee, but I didn't even know about it because no other tenant ever told me about it.

 

BTW, the tenant is not lacking a service. She does get her mail because she had already paid the re-keying fee, and then told me about it afterward.

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One way or another, this needs to be mentioned in the lease.

 

"Renter is responsible for contacting the post office to obtain access to the mailbox. There may be a $25 fee to the post office to re-key the lock."

 

or

 

"There is a $25 mailbox key deposit required as payment to the owner. This payment will be refunded on moving out when the key is returned."

 

That's a good idea. If I had known about the $25 fee, I definitely would have mentioned it. Putting it in writing in the lease is even better.

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If I was in the position of the tenant and this had come as a surprise, I would feel the landlord should pay it.  I see your side, but without having that knowledge ahead of time, it would feel like you had sprung this on me as the tenant unfairly.  I mean, why would ever expect or know that my new home wouldn't have mail unless I pay a fee?  That just seems crazy.

 

Not sure what you should do in this case, but if you're not going to pay it, putting it clearly in the contract ahead of time that you are not responsible for the mail situation would clear up the problems.

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If I was in the position of the tenant and this had come as a surprise, I would feel the landlord should pay it. I see your side, but without having that knowledge ahead of time, it would feel like you had sprung this on me as the tenant unfairly. I mean, why would ever expect or know that my new home wouldn't have mail unless I pay a fee? That just seems crazy.

 

Not sure what you should do in this case, but if you're not going to pay it, putting it clearly in the contract ahead of time that you are not responsible for the mail situation would clear up the problems.

Yes, I can see that it was a surprise to the tenant. It was a surprise to me as well, and I wish I had known about it beforehand. I think the fee is crazy, too, but I don't know if there is anything I can do to change the post office's mind about that.

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But it's not the OP's/landlord's mailbox; it's a PO box, just not inside the PO. She has no responsibility for it. If the tenants moved somewhere and needed to rent a PO box, the landlord wouldn't be responsible for that. I don't understand why anyone thinks she is responsible. It's not part of the property. OP, I would probably bring it up to potential/new tenants to make them aware of it, but I wouldn't put it in my lease unless it was to define that mail delivery/box services are strictly between tenant and the PO.

 

That said, I completely see where it feels unfair to the new tenants, because the PO is basically saying they have to pay for someone's mistake. The PO just needs to charge $25 anytime the box changes owners. Period. Then it will just be the cost of setting up a new service at a new place, all new tenants get a re-keyed box, and all is fair.

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I think this should be the landlord's responsibility not that of the new tenant. The new tenant expected to rent a unit with access to a mailbox, the landlord should provide that. It is as much the landlord's responsibility as ensuring the unit has functioning toilets, lights, etc. If something was broken by the former tenant and you did not discover the problem until after a new tenant moved in, would you expect the new tenant to pay for the repair?!? 

 

I have been both a tenant and a landlord, and in your case I would pay the fee for the tenant.

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But it's not the OP's/landlord's mailbox; it's a PO box, just not inside the PO. She has no responsibility for it. If the tenants moved somewhere and needed to rent a PO box, the landlord wouldn't be responsible for that. I don't understand why anyone thinks she is responsible. It's not part of the property. OP, I would probably bring it up to potential/new tenants to make them aware of it, but I wouldn't put it in my lease unless it was to define that mail delivery/box services are strictly between tenant and the PO.

 

That said, I completely see where it feels unfair to the new tenants, because the PO is basically saying they have to pay for someone's mistake. The PO just needs to charge $25 anytime the box changes owners. Period. Then it will just be the cost of setting up a new service at a new place, all new tenants get a re-keyed box, and all is fair.

 

It is a mailbox assigned to this particular unit, and rent is not required for it. That is different from a P.O. box.

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If you tell new tenants in the future about the PO fee, do not mention the amount since the PO will at sometime increase the fee without telling you, and then the tenant will come back to you expecting you to pay the increase. Just let them know the community mailbox is not your responsibility and the tenant must handle everything through the PO.

 

Best wishes.

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The post office is responsible for collecting the fee from the person who didn't hand in the key.  THEY should cover it.  But that's never going to happen.

 

As a landlord, I might be inclined to refund the 25 dollars to the current tenant even if it wasn't really my responsibility -- just because I like to have happy tenants.  I'd want to take that 25 dollars out of the deposit from the last tenant, but, to be honest, I'm not sure I'd be legally allowed to do that.  It's not part of the property.  Unless the PO actually says the fee is tied to the address -- then it is and you could take it out of the deposit.

 

Around here, the water/trash bill is tied to the property, not the user, so we have to be careful to make sure the last tenant pays off their bill before they return the deposit.  (It doesn't get charged to the new tenant, but to us -- the people who own the property)

 

But, then, we got stuck with a rekeying charge on a house we bought -- didn't find out about it until we were sitting at the closing.  It was a foreclosure and the bank that owned it had a policy of changing the locks so they couldn't get sued if someone they had once given a key to came back into the house after it had changed hands.  They were only protecting themselves, but we had to pay for it.

 

To be honest, we would have rekeyed anyway, but we sure would have found a locksmith that charged a reasonable rate, not the 3-5X more than the going rate that the bank charged us.  (And we would have got a better lock, not the cheapo one the bank put in)

 

I hate banks.   (Just glad we weren't the ones foreclosed on)

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The post office is responsible for collecting the fee from the person who didn't hand in the key.  THEY should cover it.  But that's never going to happen.

 

As a landlord, I might be inclined to refund the 25 dollars to the current tenant even if it wasn't really my responsibility -- just because I like to have happy tenants.  I'd want to take that 25 dollars out of the deposit from the last tenant, but, to be honest, I'm not sure I'd be legally allowed to do that.  It's not part of the property.  Unless the PO actually says the fee is tied to the address -- then it is and you could take it out of the deposit.

 

Around here, the water/trash bill is tied to the property, not the user, so we have to be careful to make sure the last tenant pays off their bill before they return the deposit.  (It doesn't get charged to the new tenant, but to us -- the people who own the property)

 

Every rental I have lived in with a keyed mailbox the key actually was returned to the landlord, who then passed it on to the next tenant. Ask the Post Office whether this is possible. I specifically remember a clause in our rental contract about the re-keying fee charged by the post office, and that it would be taken out of our deposit if we did not return the mail key.

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It's not fair that anyone other than the prior tenant should pay the fee. However, it's more fair that you pay the fee than the new tenant. You chose that tenant and profited from him. You have more of a connection than the new tenant does. I'd look at it as a cost of doing business, and it will create goodwill for you with the tenant. If I were the tenant, I'd be irked at the landlord for not covering it, and it would set the tone badly. I wouldn't trash the house or anything, but I wouldn't be likely to do anything beneficial for him!

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Wellll, as a landlord, I would think that fee should fall to you, not the new tenant. Why should a new tenant who has nothing to do with the previous situation/renter have to pay up because one of your prior tenants did the wrong thing?  I don't think it's necessarily YOUR responsibility either, but if I had to compare, I'd say it's more yours than theirs. 

 

I think of the utility bill.  If a prior tenant left their bill unpaid, it wouldn't be the new tenant's responsibility, no way no how. (I called about this recently, and it wouldn't be mine either -- it'd be between the old tenant and the utility company). Just a not-100%-comparable comparison as food for thought. 

 

Take it out of the prior tenants's deposit.  And as someone else said, charge all tenants a $25 fee as part of the move in cost and refund it if they turn in the key. 

 

:iagree:

 

I am both a landlord and a renter.  I have had several rentals with neighborhood mail boxes.  In this case, I think there is a landlord obligation to ensure that mail is collectable by the new tenant.  The mailbox key should be turned over at move in with other keys to the property.  In the case of a neighborhood box, there is no other way for the tenant to receive their mail.

 

If they lose their key during the rental period or want a new key for security reasons, that would be their responsibility.

 

If there were no neighborhood box and deliveries were to a PO box at a post office, then it would be a non issue, because the new tenant would be given an available box, not a box that someone else retained the key for and that they could not open.

 

I think you should make it clear that return of the key is part of getting the security deposit back.

 

If this happened at the beginning of a rental period, it would be in the back of my mind in every subsequent dealing with the landlord.

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If you want to be extra nice to a tenant, you could credit them.

That said, I own my house, but we still have neighborhood mail boxes.  Mail issues are between me and the post office, whether I own or rent.  It has nothing to do with landlord/tenant. I've lived in an apartment with non-keyed, individual mail boxes and in one with group boxes I had to set up with the PO.

 

In areas where individual delivery is not offered, people are responsible for their own mail collection in a group box or in a post office box. That's just the way the post office system works.

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Every rental I have lived in with a keyed mailbox the key actually was returned to the landlord, who then passed it on to the next tenant. Ask the Post Office whether this is possible. I specifically remember a clause in our rental contract about the re-keying fee charged by the post office, and that it would be taken out of our deposit if we did not return the mail key.

This is how it's always worked when we've rented a place with a keyed mailbox, too. We our landlord dealt with the post office. We dealt with the landlord.

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Yes, I can see that it was a surprise to the tenant. It was a surprise to me as well, and I wish I had known about it beforehand. I think the fee is crazy, too, but I don't know if there is anything I can do to change the post office's mind about that.

For *this* situation, I would tell the tenants exactly that, clarifying that you did not charge the feed, and were not aware of it. I would then, as a good faith gesture, reduce next month's rent by $25.

 

And, ongoing, include a $25 re-keying charge for each new tenant.

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For the future, I'd get in the middle, ie collect old keys from old tenants (or take $25 from their return deposit to cover), and pass key to new tenant, again with lease term of "return mail key or be fined $25). So while I don't feel you are obligated to this new tenant, to change how it is moving forward, refund the $25 with a signed clause that the key must be returned. Or other scenario, charge $25 upfront, as part of deposit to cover re-key. It is unfair that a new renter may or may not have to pay that fee, without prior knowledge. I think you need to reconsider your future policy to avoid this going forward as a courtesy to your renters.

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In our town, they always re-key the boxes when someone new moves in. I'm surprised to hear that anyone would want a mailbox without a new key. It's a post office requirement. A landlord wouldn't be involved at all.

 

Edited to add -- Looks like Karen and I were posting the same thing at the same time! :)

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No... I don't think that this is the landlord's issue to deal with.  We live on a street that is a mix of rentals and owned houses, with a community mailbox.  House delivery of mail is not an option/ We have the same issue - if the PO has to rekey the mail box for the new occupant because the keys were not turned in, then the PO charges a fee to the new tenant. 

 

This is the tenant's business with the Post Office, not the landlord.

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I'm cheap enough to take the old key.  LOL  Seriously, I would not be concerned.  The only things I get in the mail are bills.  If someone wants to steal one (and pay it), be my guest.

 

Either way, the new person should have the option.  Ya never know, $25 may be a lot of money for that person at this point in time.

I agree that it should be an option. I would pay to get the new key because many clients send us confidential information and I wouldn't want to take a chance on anything getting stolen, but I do think it's kind of a ripoff to have to pay at all.

 

Don't even get me started on the post office box fees in our town, if you want a box instead of having your mail delivered to your house (for free.) The box rental fees have gotten insanely high.

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But why does the post office tie the mailbox to the apartment and not the person? Well, I know why. They can always dangle that over the head of the new tenant. It's harder to go after the former tenant.

 

Again, is there a way to contact the old tenant and ask them for the darn key?

I do have the former tenant's number, but it's a moot point now because the lock was already re-keyed.

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I wonder if I could have copies of the mailbox keys made...IF I were to collect them when a tenant moves out. I bet there is some kind of law against doing that, but seriously, $25 just for a KEY? I realize they are also paying someone to go rekey the lock but it still seems high. I can have a key made for about $1.50.

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Wellll, as a landlord, I would think that fee should fall to you, not the new tenant. Why should a new tenant who has nothing to do with the previous situation/renter have to pay up because one of your prior tenants did the wrong thing?  I don't think it's necessarily YOUR responsibility either, but if I had to compare, I'd say it's more yours than theirs. 

 

I think of the utility bill.  If a prior tenant left their bill unpaid, it wouldn't be the new tenant's responsibility, no way no how. (I called about this recently, and it wouldn't be mine either -- it'd be between the old tenant and the utility company). Just a not-100%-comparable comparison as food for thought. 

 

Take it out of the prior tenants's deposit.  And as someone else said, charge all tenants a $25 fee as part of the move in cost and refund it if they turn in the key. 

 

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Oh geesh why?!

 

*sigh*

Because the key was never turned in, and in that case the post office re-keys the lock and issues new keys.

 

But hey...it just occurred to me...why can't the post office keep copies of their mailbox keys (surely they do) and, if the person doesn't care about having it re-keyed then they can just get a copy of the current key. Would that be so hard? It wouldn't cost $25.

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Isn't it sort of like paying a deposit on your electric or water bills? Or a hookup fee for your cable? I don't think it's technically your responsibility.

 

BUT, if you want to find a solution, I think it has to start with you because you are the go-between between the old and new tenants. I would suggest you require the new tenant to turn the key into you with their keys (so that you can turn it in). If they don't, then you should charge them the $25 and use that to reimburse the new tenants.

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I'd be irked as a new tenant to deal with the old tenant's irresponsibility. Can you collect keys when they move out and deduct the amount from the deposit if they don't have the key? You could put this in your lease. You definitely need to address it somewhere in your lease, however you decide to handle it.

 

We lived in one duplex with a decorative mail slot on the house but the USPS wouldn't deliver to it. That was quite annoying. Apparently they would only deliver curbside. And there was no mail box set up there. Dh was forced to get a PO Box. My current home has no mail box, period. We got a PO Box. I purchased a mail box and talked to the USPS. They gave us some bs about how it has to be mounted across the street because of the way their route is. But we don't have permission to mount it across the street. The mail carrier offered another solution to mount it on another street (since we are on a corner) but I don't want my mailbox on the wrong street because I find that confusing for delivery. Ugh ugh ugh.

 

Just make mail easy. Your tenants will be happy. lol

That's just crazy. Our mailboxes have to be at the curbside (my house, not the rentals) but they are on both sides of the street. She just makes a U-turn at the end of the street and goes back down the other side. It's not that complicated.

 

Yes, I would love to make mail easy for the tenants and I'm going to look into whether I can make copies of those keys. But you know...the post office lady said, "if we don't have a key, then we have to go re-key the mailbox" so I wonder if they have some kind of crazy rule about it...that if they don't have a key turned in for that address, it is their unwavering policy that they MUST go re-key the lock and issue new keys. And you can't just not notify them. You have to tell them you are moving into XYZ address so they will deliver your mail there.

 

Sheesh, the more I think about it, the more of a ripoff it seems to be.

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I view it similar to an utility company charging a deposit. It really is between the tenant and the Post Office.  If it was a matter of replacing an attached (or roadside) mailbox that was missing or damaged I would expect the landlord.  A central box with a key issue - along with a fee from the Post Office - should be an issue the tenant has to work out with the PO.  In the future, I would make notation about the tenant being responsible for any USPS postal fees including re-keying of the PO Box.

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Isn't it sort of like paying a deposit on your electric or water bills? Or a hookup fee for your cable? I don't think it's technically your responsibility.

 

BUT, if you want to find a solution, I think it has to start with you because you are the go-between between the old and new tenants. I would suggest you require the new tenant to turn the key into you with their keys. If they don't, then you should charge them the $25 and use that to reimburse the new tenants.

Yes, I think of it like utility deposits. It's a service they are getting from someone else, not me. As I said, I just recently found out about the $25 fee.

 

Hey, you know what I think? The post office should take a $25 deposit, and then when the tenant turns mailbox keys in to the post office, they get the deposit back. If they don't turn them in, the post office keeps their deposit and uses it for re-keying and keys for the new tenant. Then the new tenant doesn't pay for the old tenant's mistake, and the new tenant then has a chance to get his own deposit back when he moves out.

 

Isn't that more logical?

 

And LOL, I never dreamed a thread about mailbox keys would get so many responses.

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But the electric company would take that up with the prior tenant and not the new tenant. I mean imagine if the electric company said they won't turn on the power unless I pay the previous tenant's outstanding bill? That seems so unfair.

It does seem unfair. See my previous post, right before this one.

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But the electric company would take that up with the prior tenant and not the new tenant.  I mean imagine if the electric company said they won't turn on the power unless I pay the previous tenant's outstanding bill?  That seems so unfair.

I was thinking more of the fact that I get charged if I put in a new cable outlet because I don't like where the previous tenant had their tv/computer.

 

But, I agree that it makes a lot more sense for the PO to charge a returnable deposit upon return of the key.

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It could be worse.  A landlord once told me that he was not responsible for changing/paying for light bulbs in the house.  I kinda looked at him like he had 10 heads and he told me a previous tenant called him up when light bulbs needed to be changed.  LOL

Wow, that is nuts.

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Years ago we looked at a place to rent, but the deal breaker for us was that there was no mail delivery and no trash pick up.  I never heard of a place not getting mail delivery!  And no it was not rural.  But at least the local post office gave one a PO box for free.  Still the thought of having to drive to the post office regularly to get the mail seemed really annoying. 

 

There are people around here who purchase small houses in order to have an address so their kids can go to the local schools.  They don't live in the house (they have a bigger place in a town where prices are cheaper) but still need to have mail in their name going to that address.   They rent the house out and those renters would not be able to use the address since the owner is getting mail there.   I guess this wouldn't work if we didn't have the centralized mailboxes, and I'm not sure of the legality since owning a house in town means they pay taxes there.

 

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