What to do when tenant leaves garbage in common areas?

Question

Hi, I am a new landlord, and I have tenants on the second floor that constantly use stairs as an extension for their apartment. Front hallway and the stairs are packed with recycling, bicycle, mail, amazon boxes ,closes... It's a violation of fire safety and sanitary code. I asked many times to remove, but even if they do it, everything is back in a week. What are my legal options? I have other tenants that complain about it. Can I remove it and put in a basement or other storage? What legal steps should be done to document this mess, other than just pictures?

Appreciate your advice.

Marc Winter · Answer

This is a fairly common problem.  If you know for sure which tenant is doing the dumping, send them a lease violation and stipulate it must be cleaned up within 48 hours, and you will be doing an inspection

If it is not cleaned up, you will have maintenance remove the debris and the tenant will be charged for their time and disposal fees.

If you are NOT positive which tenant it is, send a letter to all tenants reminding them that common areas are to be kept clear of trash, boxes, bicycles or any personal property.  It is a health and safety issue, and if it continues, the item(s) will be removed by maintenance and every tenant will be charged a proportional amount of that expense.  (Ask at the bottom of the letter if they know which tenant is doing the dumping, and let them know it will be kept confidential.)

Finally, don't be afraid to post a Notice to Quit if they don't comply.

Brad Hammond · Answer

Hi @Linda Roberts, this is awful.  I've had tenants that trash common areas and it makes me so angry!  If you know who is doing it, that will save you a lot of detective work.  If you don't, you might need to install cameras or get eyewitness reports from other tenants.

I'm sure in your lease you have something that states tenants can not keep items in common areas.  If not, you will need to add an addendum to the lease and send it to everyone.  Have them sign off on it so they can't come back and say they didn't know.  Each time there is a violation, you will send the tenant a written violation.  The first one is a warning, the next one is a $50 fine, next one is a $100 fine or eviction.

Rick Pozos · Answer

Since you do not have a lease, let them know that leaving the trash out in the hall is becoming an issue for the other tenants and will NOT be tolerated. Talk to them in person. Let them know that you want to have a clean and safe area for everyone. They can not leave junk out in the hall.

When they do it again, let them know that you think that they would be happier at another location because maybe you have too many rules for them. Let them know this along with a 30 day notice to vacate after they pay the month's rent.

It is probably better to get rid of them. Everyone else will be happier.

Jonathan Styer · Answer

The first thing you should do is post written notice that they are in violation of their lease by trashing the hallway for the reasons you stated. Save a copy of this letter. If it continues to be a problem, evict them, they're breaking their lease and you have given notice.

Nathan Gesner · Answer

@Linda Roberts Your lease should clearly state that common areas are not to be used for storage of personal items. Whether that is in your lease or not, you can post notice and demand the tenant clean it up. it is an unsafe hazard to other residents and rescue personnel, it is unsightly, and The wrong items could attract pests.

Give them 72 hours to clean it up or you will dispose of it yourself and charge them for the cost. If you know who did it, I recommend you not renew their lease or get rid of them as soon as possible.

Corby Goade · Answer

Good advice above- I would have a serious conversation with them about it before I served notice, but that would absolutely be step two. Your lease should have a clause about this- if nothing else, you can fall back on state law and fire code, but be sure to add language in to your lease when you renew every unit.

I don't know what TAW is- but it's very likely that your state has a law regarding you moving or doing anything with their personal items, I would definitely not do that. It's their responsibility- either they clean it up or they move out, one way or another.

Best of luck!

Linda Roberts · Answer

Thank you, @Brad Hammond @Jonathan Styer @Marc WinterI know exactly who created a mess. I send this tenant emails once a month asking to remove things, and usually everything is better for a week. This is a TAW family, I don't have with them any agreements. They were in the house when we purchased it. What is a right way to document violation in this case? Is there any sample of formal written violation letter? Is it legal to remove everything in the basement and send them a note about it? I am afraid this case will end in the eviction court, because I have many other issues with this family, so I need to make sure I do everything right.

What to do when tenant leaves garbage in common areas?

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