PM evicting sec 8 tenant over garbage service (+racist neighbor)

Portland, OR · Member since 2013 · 63 posts · 17 votes

There's not an issue with garbage. The house and yard are fine, there is one bag of garbage. The biggest issue is a racist neighbor who is harassing my tenant and PM. Calling 3 times a day, videotaping tenant, calling code enforcement and now the health department. How do we know she's racist? Clearly asked us not to rent to anyone of color.

So my PM is worried about a health department fine. I can't find any mention of what the fine would be or law stating everyone needs garbage service setup. I've asked her not to evict this tenant until we know more.

Has anyone had an experience with the health department and garbage service?

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Mindy JensenPro Member

BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes

Does the property have a garbage service? My own personal house has sometimes had an extra bag of garbage sitting there, waiting for pickup.

Contact the Health Department and Code Enforcement and ask them for advice. If you are in violation, fix it. If it's just a bag of garbage sitting there waiting for garbage day, perhaps a can will quiet this neighbor? I know, it won't.

I have a lovely neighbor who is repeatedly being reported to animal control for a barking dog. The dog literally barks once to be let in, and then is let in. The animal control department actually went to the complaining neighbor and told them to stop calling, because they were going to stop coming out.

Perhaps having the health department on your side can get her to at least stop harassing the neighbor. What a jerk.

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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
9y
Does the property have a garbage service? My own personal house has sometimes had an extra bag of garbage sitting there, waiting for pickup.
Contact the Health Department and Code Enforcement and ask them for advice. If you are in violation, fix it. If it's just a bag of garbage sitting there waiting for garbage day, perhaps a can will quiet this neighbor? I know, it won't.
I have a lovely neighbor who is repeatedly being reported to animal control for a barking dog. The dog literally barks once to be let in, and then is let in. The animal control department actually went to the complaining neighbor and told them to stop calling, because they were going to stop coming out.
Perhaps having the health department on your side can get her to at least stop harassing the neighbor. What a jerk.
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
9y
If your property manager evicts this tenant under these circumstances, I have very little doubt this will be a violation of the federal fair housing act. So proceed with extreme caution.
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Kristopher HanksPro Member
Rental Property Investor · Davenport, FL · Member since 2016 · 593 posts · 382 votes
9y
@Jessica B. I'm an eye for an eye kinda guy. I have section 8 tenants and I will protect them as much as the law will allow me to. I would ask that tenant to find code violations on the neighbor and start reporting them. Maybe a taste of the medicine is what that neighbor needs. Sounds a little like high school but if the neighbor is that petty and racist, there will be no reasoning with that person.
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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
9y
In some of the towns we are in you must have garbage pickup for your tenant and there are private haulers you contract with. Even in those towns I have rarely heard of regular garbage resulting in a citation but a can may be helpful on that front. you don't immediately evict for this, you send a lease violation and notice to cure.
The bigger issue I am not sure if someone can file a harassment complaint against the neighbor. Legal aid may be able to assist/advise the tenant on this front. Perhaps they can help with a letter to the neighbor. Videotaping is over the top.
From your standpoint the PM should know the local requirements ask her where she is getting fine information from or call the city to see what the ordinance is. It is likely found in city ordinances. Once you know this depending on your relationship with the neighbor I would make them aware you know the statutes including Fair housing and their complaints (acknowledge them if they are valid). I would remind them of their bigoted comment and let them know you cannot and will not discriminate this way. Myself I would not be able to hold my tongue and would tell them if this tenant leaves they can do much worse in terms of a neighbor.
These things usually don't end well but I don't think feeding this neighbors power by evicting a tenant is going to help in the long run.
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Patrick L.
Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
9y
Originally posted by @Jessica B.:

So my PM is worried about a health department fine. I can't find any mention of what the fine would be or law stating everyone needs garbage service setup. I've asked her not to evict this tenant until we know more.
What would a fine be for a bag of garbage sitting out? Your exposure from a federal fair housing lawsuit could be extremely large, especially since everyone involved already knows that the root of the issues are race related and not garbage related. An attorney would love to jump on her case on contingency. If there aren't existing violations from the health department or code enforcement then it makes your PM's side of things really hard to prove. I don't know how landlord friendly your state is but trying to convince a judge to evict a tenant over an outdoor bag of garbage (with no municipal violations/fines) is going to be pretty difficult most places.
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Jessica B.
OP
Portland, OR · Member since 2013 · 63 posts · 17 votes
9y
I've done a bit of calling around. The fines for not having service setup are steep $100/day and if it continues to go unresolved, jail. So, I'm really incentivized to fix this issue.
Like I said the issue is not the garbage, it's a clean house. The issue is having service setup. The REAL ISSUE is the neighbor. This is just her latest attempt to push this family away. Once we resolve the trash service issue, I'm sure there will be another issue waiting. I'm going to be buying my tenant one of those porch curtains to help with the invasion of privacy.
They've already tried mediation. I am not willing to give anyone a taste of their own medicine. It's just a sad situation.
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Bryan O.
Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
9y
Stay out of it other than your piece of the pie. If there is a violation, make sure it is fixed. Do your job of ensuring the place is not in violation and ensure your tenant knows the laws as well as you do. Beyond that, it is a personal problem, not a landlord/owner problem. Distance yourself from the rest. If your tenant wants to file a complaint, get her own cameras, call for citations against him, or whatever, that is their decision. Keep yourself out of the personal issues.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
@Bryan O.
Bryan has given the best advice you can get. It is none of your business if neighbours do not get along. If there are violations your PM needs to deal with make sure that is all they are dealing with.
All I would add is that I would offer your tenant a open ended ability to terminate the lease when they choose without penalty. It is stupid of them to remain with a racist neighbour and eventually they will think better of subjecting themselves to the situation when they could easily live elsewhere.
Once they move keep this situation in mind when screening your next tenants.
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Jessica B.
OP
Portland, OR · Member since 2013 · 63 posts · 17 votes
9y
Thanks for all the advice. As of this morning, there is now garbage service. No fines, no evictions...
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