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We have a tenant in our apartment building who is becoming a HUGE problem. Amongst many issues with her, she has been putting a bird feeder up, and the birds are making an absolute mess in the backyard below. The seeds they fling around has clogged the drain we have in the back several times, and there are bird droppings EVERYWHERE. She is insisting that she isn't damaging our property, which I honestly dont understand at all. And instead of stopping like we are asking, she is offering to clean the backyard mess, but we do not want to give her access to the backyard because she (this is one of the other issues we have with her) constantly feeds cats back there, which also make a mess and attract opossums and rats and mice. She has resorted to lowering down plates of food and boxes for the cats to sleep in via a rope from her apartment window, which we have also asked her to stop doing. (She leaves them all over the front of the house which she wont stop doing either despite repeatedly being asked to).
She is telling us that us denying her access to the backyard is illegal...is this true??? I have never heard of that before. She says its for safety reasons but the backyard backs up to other backyards in all directions, theres literally nowhere to go...her apartment also (obviously) has a fire escape. Are her accusations of this being illegal true?
Illegal? I doubt it, BUT...
Does the lease address this issue? If so, what does it say?
What do the landlord/tenant laws in YOUR STATE and/or locality say?
For legal advice, contact a local attorney who is well versed in the issue.
Dam good luck as it's NYC but I'd start eviction proceedings if she doesn't stop, what she is doing is a nuisance to the entire neighborhood.
My son and dil had a 3 story brownstone in Bed Sty the 3rd floor was rented and tenant did not have access to back yard.
She is creating a nuisance and a health hazard; send her a cease and desist and if not sue her in small claims. No need to evict just get the courts to intervene.
You could try calling the cops for the littering as the cat boxes and food dishes are trash.
Based on my lease, I can deny a tenant the use of the common areas if they abuse it. Feeding cats is a problem I am dealing with right now and I absolutely hate it. It never fails that someone will take pity on a feral cat and bring it in so it doesn't get cold. Immediate eviction is the result if I find out about it. No questions.
I'd remove the bird feeder and explain to her that feeding wildlife is a sanitary issue and will not be tolerated.
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