Fines from the City for recycling and garbage for tenants.

General Landlording & Rental Properties
7yFollow

Fines from the City for recycling and garbage for tenants.

Paul Muwonge
Lyndhurst, NJ · Member since 2018 · 4 posts · 2 votes

Hi All,

I have an issue I want to seek your advice on regarding the fines that are levied on landlords due to negligent tenants not following the city rules on recycling and garbage. Has anyone received fines from the city of Newark in New Jersey due to tenants not following the proper recycle rules from the city? if so how did you deal with them? is it the landlord that bears the cost or the tenant?

Also how does one get the tenants to understand the city rules and ensure they abide with them regarding the proper disposal of garbage and recycling?

Any advise provided will be appreciated.

Thanks

0Reply
136 views

Most Popular Reply

Jonathan Taylor SmithBusiness Member
Rental Property Investor · Durham / Raleigh (Triangle), NC · Member since 2015 · 841 posts · 803 votes
7y

@Paul Muwonge - What does your lease say about City, County, HOA or other such fines and fees being the tenant's responsibility to cover or reimburse (maybe after a warning)? This should be stated in your lease and you should provide a guide instructing the tenants as to how to comply.

Blue Chariot Realty & Management4.915 Reviews
WebsiteView Page
1Reply
See this reply in the discussion

8 Replies

Jump to latestLatest
  • Jonathan Taylor SmithBusiness Member
    Rental Property Investor · Durham / Raleigh (Triangle), NC · Member since 2015 · 841 posts · 803 votes
    7y

    @Paul Muwonge - What does your lease say about City, County, HOA or other such fines and fees being the tenant's responsibility to cover or reimburse (maybe after a warning)? This should be stated in your lease and you should provide a guide instructing the tenants as to how to comply.

    Blue Chariot Realty & Management4.915 Reviews
    WebsiteView Page
    1Reply
  • Allan Szlafrok
    Rental Property Investor · Long Island, NY · Member since 2015 · 490 posts · 301 votes
    7y

    @Paul Muwonge I have. It’s the landlords responsibility. You will need to pay the fine or go to court whatever the case may be. Talk to the tenants and make sure they understand the rules regarding garbage collection. I know putting bulk items out on non bulk day is a pretty much guaranteed fine the code enforcement officers go around looking for that it’s easy money for the city. So is not maintaining your lawn and that’s a court date for you. Maybe in your lease you can add (if you don’t have) that the tenants are responsible for fines related to garbage tickets. You’ll still have to pay the fine or go to court but maybe you can recoup the money.

    1Reply
  • Paul Muwonge
    OP
    Lyndhurst, NJ · Member since 2018 · 4 posts · 2 votes
    7y

    Thanks Alan and Jonathan. The take away from this is that next time I need to clearly  or call out the fines related to garbage etc in the lease agreement that it’s the tenant’s responsibility. In the initial agreement I didn’t spell them out specifically.

    I appreciate the responses.

    1Reply
  • Mike McCarthy
    Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    7y

    @Paul Muwonge consider writing a letter to the tenants reminding them of the trash/recycling rules and that the city is cracking down and giving fines. Let them know (nicely) that you’ll be passing any fines onto them.

    It may not be legal to make them pay for the fines (I have no idea if it is or isn’t mind you), but you can certainly threaten to!

    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    We haven't had garbage fines, it is the noise ones and we have language in the lease that the tenants pay all municipal fines for ordinance non-compliance and if they fail to do so we will pay and charge it back to the tenant, deducting from deposit if need be. They paid but it may depend on your area how they write the summons.

    1Reply
  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    7y

    I deal with this a lot in New Brunswick. That's why we use our Leases when taking over management for a client. Our Leases state that tenants are responsible for any fines stemming from trash violations. We also go over the Leases in person with the tenants and explain that the 2nd offense is a mandatory court appearance and a $185 fine. If that's not in your Lease, you will have to deal with it this time, but I would highly recommend you include language in your Lease on a go-forward basis. Or hire a good PM company instead! (Sorry we don't cover Hudson/Essex county).

    [email protected]732-289-3823
    1Reply
  • Thomas Dougherty
    Member since 2019 · 135 posts · 25 votes
    7y

    This is the responsibility of the landlord.

    Regardless of the situation, you will need to pay a fine or go to court.

    Talk to tenants and make sure they understand the rules about garbage collection.

    Perhaps in your lease, you can add a tenant to be responsible for the fines associated with the garbage truck.

    You still need to pay a fine or go to court, but maybe you can take back the money.

    0Reply
  • Shawn McenteerBusiness Member
    Realtor · Boonton Township, NJ · Member since 2013 · 2k+ posts · 1k+ votes
    7y

    My leases all say tenants are responsible for local garbage and recycling rules.

    973-975-3895
    House Hacking New Jersey561 Reviews
    WebsiteView Page
    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free