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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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California landlord tenant issue: I lease a commercial space

Customer Question

California landlord tenant issue: I lease a commercial space in a parcel where there is a total of 3 individual building with a total of 6 spaces per building, the issue is that we only have 1 small commercial waste container for a total of 12 tenants, some of us lease 2 spaces. The cartage company is refusing to pick up the trash because the container is overwhelmed & at most times there is trash piled next to the container. The problem is when the wind picks up it blows throughout the complex, the complex mainly has tradesmen. Well today the landlord distributed a letter basically stating that we have a trash issue & the cartage company is putting pressure on her so she elected to have the trash picked up 2 days a week instead of once a week & that if its still an issue then she is going to have the containers removed & we'll have to fend for ourselves, now this is a person that when she first purchased the complex would come by on the 28th demanding the rent for the next month until I mentioned to her that the last time I looked at the calendar there was 30-31 days in a month with the exception of February. Is there some type of law stating that she is to provide adequate disposal for the tenants trash? Please advise
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  NYFamilyAttorney replied 5 months ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you.
Expert:  NYFamilyAttorney replied 5 months ago.
The first place to start is the lease. Have you checked the lease? It is likely that the responsibilities of the landlord is in the lease. I would bet it says in there that she has to provide places for the tenants to dispose of trash properly and I bet she's not complying with the lease. Can you check to see if there is a provision in there? That would be the first place to start.
Expert:  NYFamilyAttorney replied 5 months ago.
Generally speaking, unless the lease provides otherwise, the commerical landlord in CA has to provide a place for you to dispose of your garbage and waste or the landlord (LL) is going to be held responsible. There may be something different in the lease but it may also specify that she has to ensure that you have something in which to place your trash. A lot of these laws are provided by town code, so some of the codes will say what has to be done and what doesn't. As long as it complies with the town code, the lease would govern.
Customer: replied 5 months ago.

Thank you, ***** ***** the icon to rate you, there is no icon.

Expert:  NYFamilyAttorney replied 5 months ago.
I apologize -- I had a business call from JA that came in the middle of our discussion. I wanted to see if you checked your lease before I had you rate me. It's important for me to know what's in the lease first before I can finish answering the question. I hadn't finished answering. Thanks! Did you get a chance to check the lease?
Customer: replied 5 months ago.

No, I left the office I will check tomorrow morning & get back to you. Thank you & have a great evening.

Expert:  NYFamilyAttorney replied 5 months ago.
Great. Thank you. You too.

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