City Violations Resulting From Tenant Behavior (Massachusetts)

[Alex T.]

My rental property is located in a city with strict rules about trash pickup (Chelsea, MA). Trash needs to be in bins with lids closed or in orange trash bags purchased from the city. Residents are not allowed to just put a microwave on a sidewalk. Likewise, no trash is allowed until 24 hours prior to pickup.

In the past, tenants have violated this law, resulting in fines for previous landlord. They are aware of this law, however. Given that Massachusetts is a very tenant-friendly state, what are my options? Can I pass the fine on to the tenant if I can document that it resulted from their wrong-doing? Can I evict the tenant for repeated violations? How have other investors in Boston handled this?

Thanks

[Rob L.]

@Alex T. 

We have had similar issues and also tenants questions if it was there responsiblity to bring their trash bin to the curb for pick up. Since then we have added this into our lease, 

1. Lessee(s) Responsibility for TRASH: All trash must be bagged, kept in tightly sealed containers, and placed outside for pick-up no sooner than 12 hours before the assigned pick-up day. If a dumpster is provided, trash must be placed inside the dumpster. Trash is to be properly placed by the street for pick-up on the appropriate day of the week, or inside dumpsters provided on the property, whichever is applicable. Tenant is responsible for knowing the correct trash pick-up day.

a. Tenant agrees to follow municipal recycling ordinances with regards to recyclable materials.

c. Tenant agrees to pay any fines assessed for violation of municipal trash codes in regards to improperly placed trash.

d. Tenant is not permitted to place trash or personal belongings in any common areas, basements, or attics. Landlord is not responsible for Tenant belongings kept outside the confines of the leased premises. Landlord cannot and does not guarantee dryness in any basement.