Fee/Eviction for Garbage Bags?

[jackaroo1223]

What is the name of your state? Arizona

Hello,

I had a couple of questions regarding notices received from my apartment management company. I tried the Arizona Landlord/Tenant services but they weren't much help.

When I moved into the apartment, I paid for the pet deposit because at that time I had a dog. A couple of months later I gave the dog to a friend and removed the pet from the lease. The leasing office retained my pet deposits stating they could not refund them in a lease.

Now, a few months later, I have another dog. I asked about putting him on the lease and they said I may have to pay pet deposit fees again because they are a different management company from who was there when I moved in. Can they do that? Wouldnt it say on my lease that I had paid the pet deposit fees?

Also, this morning, my boyfriend was in the living room getting dressed for a job interview while watching TV. The dog was on the chair and parted the window blinds to look out the window. When the dog did this, my boyfriend saw a woman from the leasing office along with the maitenance guy and one other man directly outside the apartment window, taking pictures against the window into the apartment. My boyfriend was not clothed at this time, and feels very violated, as it would have been impossible for them not to see him. When I called the leasing office to complain, they did not even apologize or acknowledge my complaint and instead said they were taking pictures of the garbage bag I had placed outside the front door on my way to work this morning, for my boyfriend to take to the dumpster later on.

If they were taking pictures of the garbage bag outside the front door, why were they peering in the window and taking pictures?

Later this morning they delivered a notice to the apartment stating we had 3 garbage bags on our patio and we had to pay them $50 per bag in 10 days or they would evict us! I am at work and cannot look at my lease, but I can't imagine it is OK for them to charge for the bags. I understand that garbage can't be left out, but $50 a bag and eviction seems a bit extreme.

My questions revolve mainly around the issues stated above:

1) Is it legal for them to charge $50 per garbage bag (which have since been deposited in the dumpster by my boyfriend before the notice was even delivered) and threaten eviction if not paid in 10 days?

2) If they say I have to pay pet deposits, AGAIN, is that legal? Since I paid the deposits when I moved in and never received them back, wouldnt they still be on my file?

3) Violation of my boyfriend's privacy- taking pictures into the apartment when they could clearly see him nude in there. Do we have any rights regarding that?

Thanks!

 

[BL]

=jackaroo1223;1727960]What is the name of your state? Arizona

Hello,

I had a couple of questions regarding notices received from my apartment management company. I tried the Arizona Landlord/Tenant services but they weren't much help.

When I moved into the apartment, I paid for the pet deposit because at that time I had a dog. A couple of months later I gave the dog to a friend and removed the pet from the lease. The leasing office retained my pet deposits stating they could not refund them in a lease.

Now, a few months later, I have another dog. I asked about putting him on the lease and they said I may have to pay pet deposit fees again because they are a different management company from who was there when I moved in. Can they do that? Wouldnt it say on my lease that I had paid the pet deposit fees?

Also, this morning, my boyfriend was in the living room getting dressed for a job interview while watching TV. The dog was on the chair and parted the window blinds to look out the window. When the dog did this, my boyfriend saw a woman from the leasing office along with the maitenance guy and one other man directly outside the apartment window, taking pictures against the window into the apartment. My boyfriend was not clothed at this time, and feels very violated, as it would have been impossible for them not to see him. When I called the leasing office to complain, they did not even apologize or acknowledge my complaint and instead said they were taking pictures of the garbage bag I had placed outside the front door on my way to work this morning, for my boyfriend to take to the dumpster later on.

If they were taking pictures of the garbage bag outside the front door, why were they peering in the window and taking pictures?

Later this morning they delivered a notice to the apartment stating we had 3 garbage bags on our patio and we had to pay them $50 per bag in 10 days or they would evict us! I am at work and cannot look at my lease, but I can't imagine it is OK for them to charge for the bags. I understand that garbage can't be left out, but $50 a bag and eviction seems a bit extreme.

My questions revolve mainly around the issues stated above:

1) Is it legal for them to charge $50 per garbage bag (which have since been deposited in the dumpster by my boyfriend before the notice was even delivered) and threaten eviction if not paid in 10 days?

If the clause is in the lease , you owe . Wouldn't it have been simpler to just have your BF take them out of the unit later ?

2) If they say I have to pay pet deposits, AGAIN, is that legal? Since I paid the deposits when I moved in and never received them back, wouldnt they still be on my file?

Depends on if the dog you have now is within any rules . If so , no you already paid it .
Any deposits should still be in place .

3) Violation of my boyfriend's privacy- taking pictures into the apartment when they could clearly see him nude in there. Do we have any rights regarding that?

Well if the pictures show up somewhere , yes it may be considered peeping tom , but otherwise how are you going to prove your allegations ?

Thanks

 

[CA LL]

If in your lease or "rules" incorporated by reference" then YES you owe the penalty. Nothing is more irritating than tenants who set out garbage bags to be taken to the dumpster "later". Keep them INSIDE until you are ready to take out.

Umm..it is the DOG who opened the blinds. A coincidence that the LL happened to be taking pictures of the bags right then..well it's not THEIR fault your b/f had no clothes on and the DOG OPENED the blinds at the wrong time.

 

[Who's Liable?]

What is the name of your state? Arizona

My questions revolve mainly around the issues stated above:

1) Is it legal for them to charge $50 per garbage bag (which have since been deposited in the dumpster by my boyfriend before the notice was even delivered) and threaten eviction if not paid in 10 days?

No, UNLESS they have notified YOU AND THE ENTIRE COMPLEX of this change. They cannot targed YOU directly. They MUST target the ENTIRE complex. Additionally, UNLESS provided in your lease that you are prohibited from placing the bags on the front stoop, they cannot charge you. It is most likely an image issue.

2) If they say I have to pay pet deposits, AGAIN, is that legal? Since I paid the deposits when I moved in and never received them back, wouldnt they still be on my file?

Even if it IS a new management complex, deposits transfer with the sale of property. Inform them you have already paid a pet deposit and they must get the deposit from the PREVIOUS management company. If you have a copy of the lease or the canceled check that CLEARLY shows you paid the pet deposit, send them a copy of it.

3) Violation of my boyfriend's privacy- taking pictures into the apartment when they could clearly see him nude in there. Do we have any rights regarding that?Thanks!

A police report. That is the only item that MAY help you.

 

[jackaroo1223]

Thanks for the advice. We got some more information from them about everything....I asked if the $50 charge for garbage bags was indicated on the lease, and they said no but they have the right to instate rules like that. Umm...OK? Also, I would like to clarify that the bags had only been out there for a couple hours. I leave for work around 7, and BF wakes up around 9 and takes the bags out when he walks the dog.

As for the pet deposit, they agreed that I had in fact paid, in their words, "a $150 non-refundable pet fee" upon move in, but since they took over management of the property I now have to pay a refundable $150 pet deposit. When I get home I'm looking at my copy of the lease because I am 90% positive I paid $300 for a pet upon move in.

As for the nudity and picture taking issue, when I asked them about that they agreed that their representative had in fact seen my boyfriend in there, but "the pictures were only for their files".

Would it have been so difficult for them to knock on the door and apologize or ask to take a picture of the dog? The manager didn't even apologize for the picture issue.

 

[Alaska landlord]

Management has the right in institute rules and regulations pertaining to residency with proper notice. They do not have to be on the lease and as long as the lease is not substantially changed and they are not contrary to fed/state/city/county these new rules they are to be followed by the residents. Leaving trash in the common areas is not something that is tolerated by most landlords. It is not only nasty but a hazard to other tenants using the hallways. How would you like it if everyone adopted your lead?

 

[GulfBreeze]

first, just to be funny about this...you could claim that you were framed and those bags were placed there unknowingly. but you were nice enough to take them to the dumpster asap as soon as you were aware of it. never admit guilt.

as for the dog, you could claim it was the same pet. they apparently don't have a prior mug shot of the first dog. you have a pet deposit on record. tell them if they say its not the same dog that they are mistaken or that the dog had reconstructive surgery...lol

seems the new management is just being jerks unless you did something else we dont know about....

nonetheless, they will have to prove their case in court. will they?

 

[Who's Liable?]

Thanks for the advice. We got some more information from them about everything....I asked if the $50 charge for garbage bags was indicated on the lease, and they said no but they have the right to instate rules like that. Umm...OK? Also, I would like to clarify that the bags had only been out there for a couple hours. I leave for work around 7, and BF wakes up around 9 and takes the bags out when he walks the dog.

A new "rule" MUST be enforced upon EVERY tenant in the complex. Garbage bags are issues to managements. Every tenant with a bag on their stoop was "about to throw it away"

As for the pet deposit, they agreed that I had in fact paid, in their words, "a $150 non-refundable pet fee" upon move in, but since they took over management of the property I now have to pay a refundable $150 pet deposit. When I get home I'm looking at my copy of the lease because I am 90% positive I paid $300 for a pet upon move in.

Again, if you still have your OLD lease, those rules are STILL in place! If there is no clause in their of an additional deposit for a new pet, than YOU are NOT obligated to abide by the new managements demand.

As for the nudity and picture taking issue, when I asked them about that they agreed that their representative had in fact seen my boyfriend in there, but "the pictures were only for their files".

Inform the LL the next time someone is taking pictures without your consent/knowledge you will call the police and report a peeping tom. The person can explain to the police what he is doing.

If you really want to mess with them, ask for their proof of registry with the Arizona County Assessors Office. It is ILLEGAL for a rental property to accept rent without being registered with the County Assessors Office without being registered. They CANNOT legally accept rent!

 

[CA LL]

Folks..the LL most CERTAINLY has the right to take photos of the evidence of a breach..trash bags are a HORRENDOUS nuisance..there is absolutely NO REASON to put them OUTSIDE of your unit! Period. They remain INSIDE by the door until taken to the dumpster.

Again..the DOG opened the blinds here...no need for the LL to apologize for doing THEIR JOB to document rule breaking (be it trash bags, dog present, etc) from the outside. In fact a good LL will always TAKE pics to back up claims.

 

[jackaroo1223]

Thank you again for your input- it is appreciated. No need to lecture me about the garbage, I realize it is a nuisance. Normally, garbage wouldnt be outside the apartment. I had surgery about 10 days ago, and am unable to lift anything more than 5-10 pounds, so pulling the garbage bags out of the apartment so the dog wouldn't get at them, is all I was able to manage.

So more updates- the people above us got the same notice for 2 garbage bags. They were out of town, and their daughter came and cleaned their apartment and forgot to dump the garbage bags. They are absolutley livid. And getting a lawyer.

The "oh so nice" representative I talked to at the leasing office in my last conversation with them yesterday, before I gave up trying to reason with those people, claimed they had dropped a notice in our door last Monday warning that in the future failure to remove the garbage bags, we would be charged $50 per bag and evicted if not paid. In addition, they claim they dropped a notice to all residents that Monday to put the fire extinguisher outside on Thursday, for service. Both notices were apparently to all residents.

Now, here is my problem with that- WE NEVER RECEIVED EITHER NOTICE! I was home ALL day Monday since I couldn't return to work from surgery yet. There was never a knock on the door, never anything slipped through the door, and no stray papers outside the apartment. Don't you think if we had received that warning we wouldn't be dumb enough to leave garbage bags outside the apartment for even 5 minutes? They are also charging us $15 for failure to put the fire extinguisher out for service.

Believe me, if we had received that notice, I wouldn't even be on this forum because the garbage bag thing would have never happened again! But if we never received their warning, how were we to know?

The people above us who got the same nastygram yesterday that we did, never received either notice regarding garbage bag fines or the fire extinguisher either. Now, I know we both have had our share of head butting with management there, over various issues. The people above us even so far as to call the home office with their concerns about the people running the property.

As for our issue with them (which we also contacted the home office about after no luck with the employees on property), we were asked to remove the American flag from our patio back in June. There is nothing in our lease restricting flags on patios, so we didn't remove it. Plus, we were insulted that they even had the gall to ask us to do that, especially considering my boyfriend is active duty military. We (my neighbor and I) both are beginning to feel harrassed. I understand garbage is a nuisance, however, not receiving proper notification of possible fines puts us at a disadvantage.

Now my question is, since we never received the notices they supposedly delivered last Monday, do we have any legal standing there? I'm sure it says in their records that it was delivered, so it our word against their records. But cross my heart, swear on my mother's life, we never received EITHER notice.
Why would we ignore a warning like that and WANT to pay them $200 that we don't have?

It just doesn't add up. I am meeting with the Arizona Neighborhood Services counselors to get some advice today. If I have to suck it up and pay the fees I will, but I have a hunch there pay be a possible case here. Someone didn't do their job by not delivering us those notices, and they have (pardon my language) screwed us big time in the process.

 

[ws6whiteshark]

Your boyfriend may want to also consult with his military legal counsel. Also, depending if it's a military town and they house several military families, command influence by letter may be a good idea to the apartment complex head office.