Can Mailrooms Charge Residents a Fee for Uncollected Packages?

The exponential growth of e-commerce has led to a surge in packages on multi-family properties. Mailrooms and leasing offices have become high-volume logistics centers. The increasing volume of parcels being delivered creates an issue where uncollected packages consume valuable staff time, clutter common areas, and expose management to substantial liability for loss or damage.

The increasing need for staff to manage, store, and track these items (a service never originally included in standard leases) has forced mailroom management to ask a critical question: Is charging a package holding fee a legal and effective strategy to motivate quick pickup and manage last-mile delivery risk?

The short answer is yes, but only when supported by an ironclad legal framework and an auditable, high-tech logistics system. Without both, the fee is merely a headache that invites disputes.

The Legal Side: Making Fees Defensible and Enforceable

The legal principle governing package fees is that the charge must be contractually stipulated and demonstrably reasonable.

Contractual Requirement: The 'Ironclad' Clause

For any fee to be legally defensible, it cannot be sprung on the tenant. It must be explicitly written into the Lease Agreement, Community Bylaws, or a legally executed addendum.

Fees must be included in clauses defining what the tenant agrees to pay for services outside of base rent.

Unilaterally imposing a new package fee during an existing lease term is legally challenging. Courts generally adhere to the mutuality of contracts principle, meaning the terms cannot be modified without the explicit, written consent of both parties. New, unexpected fees may be successfully contested.

The Test of Reasonableness

Courts and regulatory bodies scrutinize fees to ensure they are not simply a pretext for unfair profit. The charge must be reasonable and serve a legitimate business purpose, which, in this case, is to deter excessive storage and cover the administrative costs of managing and securing packages.

• Fees deemed "exorbitant" or "unconscionable" may be struck down. Management must be prepared to justify the fee by demonstrating it covers costs like security, staffing, and lost space.

• Industry Best Practice: To satisfy the "reasonableness" test, it is standard to include a clear grace period (e.g., 48-72 hours) after notification before the fee is applied, followed by a reasonable daily charge (e.g., $5-$10 per day, capped). This mirrors the standard for late rent charges.

The Need for Clear Notification: Proof of Service

A fee is unenforceable if the resident can claim they were unaware the package was available or that the penalty period had begun. Auditable, time-stamped documentation is the key to backing up your policy.

Management must be able to produce proof of service, which is a record showing the exact time the resident was notified (e.g., a time-stamped text message or email) and the corresponding date the grace period expired. This documentation is crucial for defending the charge against a dispute.

Motivating Pickup with Frictionless Logistics

The best way to handle a package fee is to not have to charge it. Fees should be the exception, not the norm, which requires an efficient system to motivate quick pickup.

• The Failure of Manual Processes: Relying on paper logging, phone calls, or manual spreadsheets is slow, error-prone, and lacks the legal speed and precision required to enforce a fee policy. If staff takes four hours to log a package, the first four hours of the resident’s grace period are already wasted.
• Establishing a High-Velocity Pickup System: An effective solution is a system that creates a clear chain of custody and ensures notification is instant and multi-channel (SMS, email, app push, etc). A system that guarantees residents know a package is waiting immediately upon delivery removes the "I didn't see the notice" defense and accelerates retrieval.

Technology as an Enabler for Policy Enforcement

Package fee policies are only as strong as the technology enforcing them. Trying to maintain a legally defensible fee policy using pen and paper introduces unacceptable risk.

Closing the Legal Gap with Data

Dedicated parcel management software is essential because it generates the auditable trail required to legally and fairly enforce a fee policy. When a dispute arises, the system provides:

1. The exact time the package was logged.
2. The exact time the resident was notified.
3. The exact time the resident picked up the item (proving how long it was held).

System Capabilities that Drive Velocity

Technology streamlines operations to minimize the need for the fee:

• Instant Intake: Uses OCR/AI to log packages in seconds.
• Defensible Notifications: Automated, secure, and time-stamped notices are sent instantly to the resident's preferred channel.
• 24/7 Access & Audit: Allows for secure, resident self-pickup via unique QR codes or key fobs, drastically reducing package dwell time and freeing up staff.

The ROI

By minimizing the need to store packages, the software minimizes the reason to charge the fee. This leads to reduced staff time spent managing logistics, less clutter, and a higher-quality amenity experience for your residents.

From Policy to Performance

A package fee is a defensible strategy for property and parcel management. Still, it must be built on the twin pillars of clear contract terms and a robust, auditable tracking system. The objective of any package policy should be superior delivery and resident experience, not revenue from penalties.

To be absolutely sure your policy aligns with local landlord-tenant laws, property managers must always seek legal advice from a qualified attorney before implementing or modifying any lease terms or fee structures.

Ready to implement a frictionless, legally defensible package system? Discover how Parcel Tracker provides the seamless logging, instant notification, and ironclad proof-of-pickup you need to motivate quick collection and streamline your last-yard delivery operations.