Seller Left Behind 1/2 Ton of Garbage in Alley Behind Property Line

[Mike Welch]

I closed on my first rental property in late July and have been working hard to get it ready as a rental unit. I've got an excellent property manager in place, and we already have several rental applications we're reviewing.

I acquired the property through a short sale. The seller was required to leave the property in 'broom clean' condition.

I noticed, days after the final walk through, that the former owner had discarded a large pile of rubbish into the alleyway directly behind the property. The alleyway belongs (I believe) to the city.

I agreed to pay a contractor to remove the rubbish pile. However, he called today and reported that the pile is filled with dog and cat feces to the point where no city dump will take it and where it is hazardous for him to handle.

I'm concerned I could be cited by the city, and that a neighbor or a tenant will eventually complain of the smell.

Should I report this proactively to the city? Should I contact the seller's agent and insist that he remove the rubbish? Should I find a specialized waste removal service?

I'm not sure I'm liable as 1) I didn't dump this material, and 2) it is not on my property. However, it is clearly behind the wall to my property.

Thank you in advance!

Any recommendations on how to proceed?

[Jon Holdman]

In my area calling the city about a situation like this would be a sure way to get a violation notice taped to the door later in the day. They don't care who left it, its your problem. I've had a tenant do exactly this, and was given a notice very quickly.

In my areas, alleys are the responsibility of the adjacent landowners. Municipal codes says you're responsible from the back of your property to the center of the alley. Same deal as with sidewalks. They don't belong to you, but you're responsible for clearing snow from them.

Bottom line is you've lost a lot of your leverage by not delaying closing until this mess had been removed. You can try going after the seller, but you're going to be stuck with removing the mess.