A resident leaves full trash bags outside the apartment front door before bringing them down on the way out of the building. This practice has led to issues like pets getting into the bags, odors, rank residue, and complaints from other tenants. Despite warnings, the problem persists. What are my options?
Nobody likes an inconsiderate neighbor. Leaving rubbish in common areas creates what is commonly known as a “nuisance.” A nuisance is, broadly speaking, any action or inaction that injures health, is indecent or offensive to the senses, or obstructs the free use of property, thereby interfering with the comfortable enjoyment of property. The San Francisco rent law lists, as one of its sixteen “just cause” reasons to seek termination of a tenancy, nuisance conduct or behavior that creates a substantial interference with the rights of others to peacefully enjoy their housing. This “just cause reason” reads as follows:
A landlord may seek to terminate a tenancy when “[t]he tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building, the activities are severe, continuing or recurring in nature, and the nature of such nuisance, damage or interference is specifically stated by the landlord in the writing [as required by law]….”
The most egregious types of apartment community nuisances include unlawful drug manufacturing and dealing, acts of violence including assault, or incessant creation of loud noise or vibrations. But there are less obvious nuisances such as behavior that may not be intentionally committed or otherwise carried out with reckless indifference that, nonetheless, causes harm to others in the building. Leaving bags of trash out to attract pests and to omit foul odors is such an example.
When confronted with such attitudes, respond with at least one written warning communication. The email should politely describe the objectionable behavior and reiterate that refuse must be promptly deposited in the Recology bins and not left unattended even for short periods of time. Consider something like this:
“Leaving your trash in the hallway is a nuisance, as doing so significantly and adversely impacts the living environment of other building residents. Please stop this conduct immediately. If this activity persists, building management may be compelled to engage legal counsel, as the persistent commission of nuisance behavior is a valid reason to terminate a tenancy in San Francisco. Hopefully, an eviction action will not become necessary, and you will promptly begin the practice of taking all trash and refuse to the appropriate bins in the garage area.”
Should these written warnings be ignored, make good on the promise to hire legal counsel. Your attorney may then issue a notice offering a final opportunity to cure or, if curing doesn’t happen, demanding that everyone vacate the apartment. Regardless of the path chosen or the ultimate outcome, you as the housing provider must actively seek to put an end to such conduct. Otherwise, your other tenants may have serious recourse against you such as lowering their rent due to a substantial decrease in housing services or, worse yet, moving out and then suing you for constructive eviction. In conclusion, send warnings in writing followed up, if needed, with formal notice to behave or face termination of tenancy proceedings.