How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I live in a luxury apartment building in Miami, FL that

Customer Question

I live in a luxury apartment building in Miami, FL that apparently has a rat infestation. This started when the trash rooms were not regularly cleaned, and trash was left to collect for days without any staff attending to it. Instead of admitting their negligence, building management has decided to inform us they will be invading all apartments to "administer preventive baiting at this time." All tenants have also been informed that if any trash is left in the trash rooms, their leases will be terminated, and all tenants in a 27 story building are required to take all recyclable material all the way to the basement to throw them in assigned bins. Is this legal? If not, what can be done about this, because it seems there is definite abuse of those who are living here.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Are there any rules about disposing of trash any particular way in your written lease?

.

Were there any established rules in the building previously about disposal of trash?

.

.

thanks

Barrister

Expert:  Barrister replied 1 year ago.

I am going to paste your comments over in this thread as you don't need to open up a new question and get charged for each reply....just hit "reply" and post in this thread..

.

Page 4 of the Lease Agreement states "If we find you have improperly disposed of trash/garbage anywhere in the community or by trash area, you will be subject to a fine" It then goes on to indicate you cannot leave trash near your front door, all trash should be disposed of in the trash chute, and should be placed in a bag no larger than a tall kitchen bag. Large items such as furniture, you should contact management. As far as a recycling policy, there is only a small paragraph stating "This property conforms to all governmental environmental requirements which involve recycling material. Please contact your manager for further details.

.

Ok, then since there is nothing that requires you to take everything to the basement and separate it into recyclables, then they can't impose this new condition and make it a violation of your lease to fail to do so. A lease is a contract that governs the parties rights and responsibilities and it can't be unilaterally changed by one party.

.

So the trash maintenance is the landlord/management's responsibility and they can't push this off on you during your lease.

.

With that said, as each lease renews, they could change the terms to make each tenant responsible for this, but right now they can't.

.

So while they claim they will terminate the lease, legally they can't because it isn't a validly enforceable change in any lease because the contract is fixed when it is initially entered into and can't be arbitrarily changed by one side.

.

.

thanks

Barrister

Related Real Estate Law Questions