4th time my roomate has opened mail?

Question

I need to take action but still need to complete this lease without breaking it

What are my options

I confronted her and told her flat out that shyt isnt cool
and you need to leave my mail in the mailbox and let me retrieve it on my own time

She is a thief and has been fired from numerous jobs for looking into personal accounts

(found this out months into the lease)
and she steals...so I placed a lock on my door

Please let me know what to do....

because we share the same first name she says its a mistake

But only opens Credit card info and things from the IRS

I have a PO BOX but she opens the things that have to be delivered to a Physycal likecredit cards and things from the IRS

Answer 1

I was in the same situation with a roommate 2 years ago and paying the extra expense of a P.O. Box was not a long-term solution for me, so I took action. Luckily, I had scared the joint tenant enough with legal jargon to stop the misconduct. It is a tough situation you are in, given that she specifically explained that her action was "a 4th-time mistake," even AFTER your confrontations. It would be rather hard to prove her willful motive. According to these criminal Federal Statutes (U.S. TITLE 18, CHAPTER 83), the key terms are "knowingly and willfully":

§ (Section)1701. Obstruction of mails generally
Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both.

§ (Section) 1702. Obstruction of correspondence
Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined under this title or imprisoned not more than five years, or both.

§ (Section)1703. Delay or destruction of mail or newspapers
(b) Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be fined under this title or imprisoned not more than one year, or both.

----Protection of mailed material from obstruction and delay does not end when material passes legitimately out of control of United States Postal Service but extends until mailed material is physically delivered to person to whom it is directed or to his authorized agent; this is proper construction of term "the passage of the mail" in 18 USCS § 1701. U.S. vs. Johnson, 620 F.2d 413 (4th Cir. N.C. 1980)
----Any obstruction of mail, no matter how minor, if done willfully and with improper motives can constitute retardation. U.S. vs. Austin, 492 F. Supp. 502 (N.D. Ill. 1980).

Since your last confrontation was done verbally, to which she responded with a degree of denial of willful wrongdoing, she can also easily deny that you ever had such a conversation. At this point, what you MUST do is give her a WRITTEN document, stating that this is her LAST WARNING (which will indicate that you have previously verbally addressed the issue) and that her specific wrongful action (with the specifc dates, if you can remember, and the number of offenses) and your request for her to stop. In this written letter, you include each and every SPECIFIC STATUTES listed above. Say that her actions are in direct violation of the Privacy Act, protected by the 4TH AMENDMENT. Then make a clear statement if she shall have any future commission of obstruction(s) of your mails, you will report her to the local police, as such an act is classified as a "crime" and her repurcussions will be as listed above. Tell her that you have started gathering evidence (regardless whether or not you have actually done so, but she doesn't have to know that), which will be used against her in criminal court (not in civil court or small claims court).

Although her work history (termination as a result of breaching confidentiality) cannot directly be used as evidence pertaining to opening your mail, without your authorization, point out clearly to her that, unless she can PROVE herself to be completely illiterate (to the extent of NOT recognizing her own last name), she knew exactly what she was doing, because her FINGERPRINTS just coincidentally are NOT on ANY OTHER mail except your credit card statements/letters and IRS documents. Tell her that you have SAVED every letter she opened to prove that her fingerprints are on there (right by the tears/openings she made), in comparison to other mails that she didn't open.

Given that there has not been any monetary damages done yet, such as credit card fraud or solid identity theft, taking the case to court is a waste of your time and money. A written statement, listing the specific statutes, as well as the dates and names of specific CASES, is your best self-defense right now and should be sufficient to corner her into compliance. As your last statement in that letter, make an implication statement (not a threat) that it is in her "best interest, for current and future employment endeavors, to comply" if she "does not want a criminal record." P.O. Boxes are not the permenant solution either, as this can happen wherever you move to.

Answer 2

She is breaking the law tampering with someone else's mail, remind her of that. I would tell her the next time she does that I would be looking into what kind of recourse I could take.
I would tell her flat out that I would go the legal route should she EVER do this again and "it was an accident" was not an excuse I would accept. And then carry through, make a call in her presence so she knows you aren't joking. Call the post office or police so both of you know what you can do should this behaviour continue and what the consequences are.
What an awful situation to be in you've got my sympathy.

Answer 3

Hi, I would not confront her again .She's probably got mental issues and could only make things worse for you because she has so much of your information.Be cool until the lease is up and then get the "heck out of dodge" in the meantime,see if you can find someone near you that you really trust and explain your situation to them and ask if you can have your mail delivered there. Good Luck !!!

Answer 4

Inform her that you will not hesitate to turn her in for tampering with the mail, which is a federal offence. The other thing to do is go to the post office and get a post office box, with only your mail. That will take effect as soon as you get one, then you will have to change your mail address to go there. If you are going to share an apartment with someone, that might insure that it is safe in the future.

Answer 5

She's allowed to open your mail if it's sent to her physical address. It's by address, not by person. If I am wrong, the other answerer already addressed the "knowingly and willfully" problem.

Have the post office hold your mail. I believe they do it for at least a month and you have to renew each time. You can pick up your important mail up at the post office.

Answer 6

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Answer 7

Be safe dear,

I think she is trying to know ur credit card details.

Better leave her or change ur password which she could not find..

Answer 8

If you're roommate is from a college/university dorm, go talk to the administration about this problem.

If you're rooming with her in an apartment, leave and sue her!!!

Answer 9

that is a federal offense... she is OUT OF LINE!!! I'd threaten legal action! Good luck!!

Answer 10

Baseball bats work wonders on thieves.