Can landlords fine tenants?

[JohnHall]

New York State (not city)

Hello, I have an issue with my landlord, actually his property management company. I live in an 8-unit building where the trash pick-up is included by the landlord. One of the tenants in the building had been disposing of their trash improperly (leaving trash bags on the ground, outside of the containers), and the landlord does not know who is responsible. They have fined all tenants in the building because of this. I wrote the landlord a letter stating that I would not pay the fine as I always properly dispose of my trash. I also wrote that as there is no method of locking the trash enclosure, he could not be certain it is even a tenant that is responsible. He wrote me back saying that he will evict me if I don't pay this fine.

I don't see how he has any right to fine anyone - I thought that was left to police and courts. I told him that I don't mind going to court over this, but I really don't know who is right in this case. Any help is greatly appreciated.

 

[acmb05]

New York State (not city)

Hello, I have an issue with my landlord, actually his property management company. I live in an 8-unit building where the trash pick-up is included by the landlord. One of the tenants in the building had been disposing of their trash improperly (leaving trash bags on the ground, outside of the containers), and the landlord does not know who is responsible. They have fined all tenants in the building because of this. I wrote the landlord a letter stating that I would not pay the fine as I always properly dispose of my trash. I also wrote that as there is no method of locking the trash enclosure, he could not be certain it is even a tenant that is responsible. He wrote me back saying that he will evict me if I don't pay this fine.

I don't see how he has any right to fine anyone - I thought that was left to police and courts. I told him that I don't mind going to court over this, but I really don't know who is right in this case. Any help is greatly appreciated.

You are right. The landlord cannot fine you or the other tennants.

 

[BL]

Do you have the it in writing that the Landlord is fining you and if you do not pay you will be evicted ?

If not , request the Landlord to send it in writing .

Then IF the LL takes you to court for eviction , claim retaliation , and explain as you did above .

 

[JohnHall]

Thanks for replying!

He provided me with a billing statement with the words "Trash Fine" and even on that he stated "offender unknown". The bill said nothing about the course of action he'd take if the "fine" wasn't paid - he did that in response to my letter to him explaining why I wouldn't pay.

Are there any articles of NYS law that I could use as a reference to this sort of thing? This is so trivial... this kind of trouble over a $25.00 fine.

The timing is also bad - I'm moving to a larger place at the beginning of next month, so I know the LL will try to withhold that amount from my security. I can afford $25, but it's the principal of the thing - he's just wrong and I don't want him to get away with it.

Thanks for your help.

 

[BL]

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html