Eviction when tenants steal packages
As of 2024, an estimated 273 million Americans shopped online, representing about 80.4% of the U.S. population, and this number is expected to continue growing. As of 2023, Amazon Logistics delivered approximately 5.9 billion packages within the United States, averaging about 16.16 million deliveries per day.
As millions of these packages land on doorsteps every day, so too do opportunistic thieves looking to snatch unattended deliveries before their rightful owners can retrieve them. This is especially true in the Bay Area, which ranks high in porch piracy rates.
What we want housing providers to know is that when a tenant steals a package, they have forfeited their right to live and mingle in the rental community, and immediate action should be taken to evict the thief.
Tenants routinely violate covenants of the lease. But when a transgression occurs, we have to ask: Is the lease violation curable or not? Meaning, do we allow the tenant a chance to correct the behavior, or is the violation so egregious that the landlord should take the drastic action of removing the tenant through a 3-Day Notice to Quit?
After three decades of managing rental relationships, we have a good grasp on what constitutes a curable lease violation and what cannot be fixed. If the tenant is playing music too late at night, has a one-off party that disturbs neighboring residents, or has an unauthorized pet, it is normally a curable violation. When there are unauthorized occupants in the rental unit or the tenant is making alterations without the landlord’s permission, or if they refuse or obstruct access to the unit, we should likely allow them to comply with demands.
Of course, this list is not exhaustive, but you get the idea. The tenant makes a mistake and is given notice to correct it. But then we venture into acts that are so appalling, the tenant should not be given the chance to redeem themselves.
We are talking drug dealing, arson, and using the premises as a house of prostitution. Smashing windows out of rage, threatening other residents, brandishing or discharging a firearm, etc. When a tenant’s behavior is severe, ongoing, or poses a safety or legal risk that cannot be undone, housing providers are not required to offer the tenant the opportunity to fix the problem; moving out is the only option.
Stealing packages falls into the category of incurable violations.
The verbiage we use in a 3-Day Notice to Quit is that the tenant has been observed stealing other residents’ packages, creating a nuisance that causes neighboring residents to fear for their safety and the safety of their personal belongings.
Are landlords liable for stolen packages?
Generally, no. The landlord is not held accountable for the actions of third parties. There is no “duty of care” by default. If a tenant’s package is stolen from a common area, front door, or lobby.
But like many other landlord-tenant problems, we’ll have to review the terms of the lease. Most leases do not obligate landlords to accept, secure, or oversee package deliveries, but if housing providers or their agents routinely accept packages or provide secure lockers and fail to do so properly, it may result in liability.
Our strong advice is for housing providers is not to take on the responsibility of handling or accepting packages unless there is a formal, well-oiled system in place. Barring a system of policing packages, we can embed in the lease that the landlord is not responsible for the delivery or security of mail or packages delivered, and advise tenants that the tenant that alternative arrangements can be made to ensure safe receipt of deliveries.
We’ll also have to put a finger on a “foreseeable” threat. For example, if there are broken entry gates and non-working security cameras, the tenant can argue that the landlord was aware of the risk and failed to act, giving rise to a liability case. These claims, based on premise liability law, are fact-specific and difficult to prove, but we want to admonish any of you who promise package security or concierge services in the lease to fulfill their obligation to do so. Failure to do so could open the door to liability in the form of a breach of contract or negligence claim.
Ahay. Arrgh. Are there porch pirates in your rental community?
When there is surveillance and/or eyewitness accounts, Bornstein Law can evict thieves without debate or discussion. Contact our office whenever this modern challenge rears its ugly head.
Topics of interest
Owner/Relative move-in evictions ›
Substantial rehabilitation evictions ›
Defending against tenant lawsuits ›
Reviewing & drafting lease agreements ›