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little about me single parent with 1 almost teen child. been renting in my current complex for 8 yrs. quiet hard worker, not a rule breaker. my complex has a bed bug problem in another area of the complex where the office manager (who acts like a landlord) has their office. so far my part of the complex does not have any. my complex has 6 10 yard trash dumpsters. and they fill often its not uncommon for a renter from one section to dump trash in another section because of full dumpsters. i was served with an infraction of my lease complete with date and time of the incident for throwing my trash in a different bin which turned out to have infested items in it. not only was i served with the infraction i was verbally threatened with eviction and a 1000.00 fine. when i called inquiring about the infraction i was told that i could potentially spread the bugs to my side of the complex. so i was infracted. there has never been a notice about where and when we could dump trash out. neither was there a notice sent about the 1000.00 fine. im not even sure it was me that dumped the trash at the time they claim i have. im not saying ive never dumped my trash in a different dumpster, im just questioning the timing, they claim they have witnesses to this event i did question why the dumpster wasnt labeled or locked up or even the lids closed but the manager didnt want to hear the questions. the manager now wants me in the office to sign a paper admitting to the event and to accept my infraction. is dumping trash in other dumpsters commonly illegal? is my manager in the right for the move to evict with the 1000.00 fine? do i have any recourse or rights? or do i just suck it up and watch my P's and Q's from now on... any suggestions and comments welcome.
thank you
little about me single parent with 1 almost teen child. been renting in my current complex for 8 yrs. quiet hard worker, not a rule breaker. my complex has a bed bug problem in another area of the complex where the office manager (who acts like a landlord) has their office. so far my part of the complex does not have any. my complex has 6 10 yard trash dumpsters. and they fill often its not uncommon for a renter from one section to dump trash in another section because of full dumpsters. i was served with an infraction of my lease complete with date and time of the incident for throwing my trash in a different bin which turned out to have infested items in it. not only was i served with the infraction i was verbally threatened with eviction and a 1000.00 fine. when i called inquiring about the infraction i was told that i could potentially spread the bugs to my side of the complex. so i was infracted. there has never been a notice about where and when we could dump trash out. neither was there a notice sent about the 1000.00 fine. im not even sure it was me that dumped the trash at the time they claim i have. im not saying ive never dumped my trash in a different dumpster, im just questioning the timing, they claim they have witnesses to this event i did question why the dumpster wasnt labeled or locked up or even the lids closed but the manager didnt want to hear the questions. the manager now wants me in the office to sign a paper admitting to the event and to accept my infraction. is dumping trash in other dumpsters commonly illegal? is my manager in the right for the move to evict with the 1000.00 fine? do i have any recourse or rights? or do i just suck it up and watch my P's and Q's from now on... any suggestions and comments welcome.
thank you
You need to read your contract and see what it says regarding trash put-out; if it specifically defines where you need to put out trash and/or refers to specific house rules regarding trash, you may have committed an infraction. May have, mind you; you're saying there are no notices around detailing proper procedure for throwing out your trash nor do you have any paperwork from management detailing that. You can't be committing an infraction of a rule that's not posted nor made apparent to you.
As for eviction, your LL can't just evict you. Obviously, where you live has a bearing on this, as local real estate laws vary, but for eviction, they really don't vary all that much. For a LL to sue for eviction, you need to have been chronically violating the terms of your lease, and your LL needs to have sent you notices to cease; then, and only then, can your LL sue you for eviction. That's a legal process and it needs to wind it's way through the courts; the LL can't lock you out or restrict your access in any way.
Best advice? read your lease, carefully; read up on your local real estate laws so you understand your full legal rights; and, do NOT sign any paperwork admitting to any culpability in the situation unless and until you are clear in your legal rights.
1. there are no rules regarding dumpsters. the only thing the lease says re dumpsters are as follow: " resident shall keep premises in a clean, safe, sanitary condidtion. residents shall dispose of trash in a timely manner. trash shall be placed in trash bags and put into dumpsters. do not litter, dump ashtrays or any other refuse in common areas or parking lots."
2. there is no section about fines or infractions except under the rent payment section where it lists " any payment for rent must be paid to the landord on the 1st of the month. there is a 5 day grace period. if rent is not paid by 5pm on the 5th of the month a $25 a day fee must be submitted with the rental payment." otherwise no list of fines,fees or explanation of infractions.
3. a notice was posted on all doors in 2011 about possible infestation. no follow up was ever provided nor conformation about the bed bugs. many residents rely on neighbors who live in infested areas for news. no pest inspections or management walk through's ever happened. there was never a notice about restricted trash cans use.
4. michigan
this is my 1st infraction of any kind and honestly my 1st verbal/in person contact with management. lease re signing and communication normally happens with notices/ letters/leases taped to the apartment door and then use of a drop box to return items to the management
Well, I'm not going to pretend I'm an expert in Michigan real estate but it doesn't sound like you've violated any terms of your lease nor any clearly posted and communicated house rules. So, don't sign anything acknowledging you've committed an infraction, as it doesn't look like you have; as well, they can't fine you, especially so egregiously, for throwing your garbage out in a responsible manner as per their written rules. Read up on your local laws so you can respond to them appropriately, and if it escalates, it will definitely be worth the $$$ for you to contact a local real estate attorney.
Oh! And document everything; as well, it would be a great idea to take pictures of all the refuse areas that are time/date-stamped so you can prove there have been no notices detailing where to properly throw your refuse out.
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