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BarbaraJoy · Jun 15, 2012, 11:03 PM

We have a management company for the building I live in. Instead of them having a dumpster for a 17-unit complex, they have trashcans out back. There is a tenant here who gets a discount on his rent in exchange for taking the cans out to the curb on trash day and returning them after it is picked up.

So. Here is my problem:
1) Under local code, they are required to have one trashcan per apartment. That makes 17. We have 8. They sent the rest of them away. (They are billed for trash service for 17 units regardless, but they seem to think they are saving money somehow by sending 9 of them away.

2) The man who is supposed to take care of getting them to the curb and back never does it on time or on the days of trash pick up. As a result, the trashcans sit in the back of the building, overflowing and attracting vermin and insects. There are maggots on some of the cans after a while. Or, they sit out in the street for several days until the trash gets picked up.

3) The property manager, for reasons unknown and bewildering to me, tried to tell me that it's 'our' responsibility as tenants to take the trash out. I told him it is not. I asked him why he was lying to me when he denied that they have someone who is supposed to handle the trash. According to Florida statute, the landlord is responsible for making 'reasonable provisions' for trash removal. I also told him I am aware that he is in violation of the local code with regard to the number of trash cans we are supposed to have for the building. That freaked him out. Don't these people realize that EVERYTHING is available on the internet these days, including state laws? This idiot said to me, "Well, I don't expect someone to come and take the trash out at MY house." And I responded, "You OWN your house. I PAY RENT to you, and YOUR JOB is to manage and maintain this complex according to the lease requirements. Do you understand the difference????"

My God, what an idiot. And a liar, too.

You would think that being told your tenants know you are violating codes would keep you from being an obnoxious jerk. (We are fortunate in my town to have a Code Enforcement division that does its' job VERY well, lol.)

So. I am looking for a couple answers here. Can I break my lease since he's broken it already by failing to provide trash removal? Telling me it's my responsibility, as well as denying they have anyone handling it is certainly breaking the contractual obligations of my lease, as well as violating state statute.

Secondly, aside from notifying the Code Enforcement people about the missing trashcans and the refusal to take the trash out, what can I do legally to compel them to honor their end of the lease?

Sorry for the long post. This management company is running what used to be a charming little complex on the river into the ground with their neglect. I am angry and want to fight back. But I also want to move the heck out of here. I shouldn't have to put on rubber gloves in order to avoid maggots crawling on the cans when I take my trash out.

joypulv · Jun 16, 2012, 12:43 AM

No, you can't just break your lease over this, but management might be happy to let you out of it. You could call the Health Dept and send a letter. Keep it short; just a list of violations.

Doesn't local ordinance require at least one large recycling bin for that many units? I personally would take out my own single bag of trash on trash day and avoid the barrels in the back altogether. I even separate the non recycle into what I call trash and garbage - the latter is the foody smelly stuff, and the former isn't, so my smelly garbage fits into a little grocery bag.

ScottGem · Jun 16, 2012, 05:00 AM

As noted you can't break your lease, YET. What you should do is send them a letter stating they have 1 week to fix this issue or you are reporting it to both the landlord and the local health department. If they don't fix it follow through.

If they still don't fix it, then send both the managers and the landlord a letter stating that since they have failed to keep the complex up to code, you consider them ion breach of the lease and you are giving them 30 days notice that you will be vacating.

AK lawyer · Jun 16, 2012, 06:38 AM

Originally Posted by BarbaraJoy

...
So. I am looking for a couple answers here. Can I break my lease since he's broken it already by failing to provide trash removal? Telling me it's my responsibility, as well as denying they have anyone handling it is certainly breaking the contractual obligations of my lease, as well as violating state statute. ...

What exactly does the lease say about trash removal? If it doesn't say anything specific, the fall-back is the statutory requirement to which you referred: reasonable provisions. Your landlord could argue that the arrangement they have is "reasonable". However if the number of trash cans does not satisfy local ordinances, that would be a weak argument.

Fr_Chuck · Jun 16, 2012, 06:43 AM

Reasonable to me would or could be a trash can out back for each unit and each unit is liable to take their own can to the curb, what would be unreasonable about that. They would have to provide a can for each apartment, but requiring the uni renter to take his own to the curb would not be considered unreasonable ( strange perhaps but not illegal)