Landlord goes through trash - recycling

This is a discussion on Landlord goes through trash - recycling within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; Our new landlord/super that took over recently from our previous one like to go through everyone's trash in the trash room after people throw it in (the trash room also ...

Results 1 to 4 of 4
  1. #1
    Junior Member
    Points: 159, Level: 3
    Level completed: 18%, Points required for next Level: 41
    Overall activity: 0%
    Achievements:
    31 days registered100 Experience Points

    Landlord goes through trash - recycling

    Our new landlord/super that took over recently from our previous one like to go through everyone's trash in the trash room after people throw it in (the trash room also is video taped.) When people don't recycle every little can or letter, we get handwritten notes that we will get "fined." Is there some mandatory recycling law in for private residents in NYC? Futhermore, how kosher it is that our new landlord/ super admits going through our trash??


  2. #2
    Administrator
    Points: 110,886, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 93.0%
    Achievements:
    Created Blog entryOverdriveTagger First Class50000 Experience PointsVeteran

    Without getting into specific state law, it is legal for an individual to go through someone else's trash, as long as the trash is not still on their personal property. Since the trash is in the trash room, it is on the property of the building/landlord and he has every right to go through out. The legal reasoning behind this is that there is no objectively reasonable expectation of privacy of trash.

    Regarding the fines, there may be something in your lease about that.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
    Administrator
    Points: 110,886, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 93.0%
    Achievements:
    Created Blog entryOverdriveTagger First Class50000 Experience PointsVeteran

    I found some information on recycling in NYC here - http://magidsupplies.com/Recycling_New_York_City.html
    I
    t seems as if the landlord wants to avoid getting fined, by passing it on to the tenants.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  4. #4
    The Only Man That Can
    Points: 5,180, Level: 49
    Level completed: 15%, Points required for next Level: 170
    Overall activity: 0%
    Achievements:
    Veteran5000 Experience Points

    As stated above, trash is fair game, so long as it is not on private property. Landlords however, contrary to popular belief, are limited in access to THEIR OWN property, due to the fact that when a tenant signs a lease, they are the inhabitant of said property, and the landlord actually needs permission to enter it. I assume your trashcans are outside, which does indeed give the lardlord the right to rummage around. The penalties in NYC for not recycling are decent enough ($250 per violation if I am not mistaken) so the landlord wants to avoid getting fined. However, if he does NOT get fined, he cannot collect anything from you. He can warn you, stating that IF he gets a ticket, you will be responsible for it, but other than that, there is not much he can do. To kill this whole problem, why don't you consider separating the trash, so that the landlord gets off your back? Seems like a much easier solution.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

Similar Threads

  1. Landlord responsibilities
    By CuriousMom in forum Real Estate and Property Law Questions
    Replies: 4
    Last Post: 10-19-2011, 11:17 AM
  2. Video: How to Sue Your Landlord to Resolve Landlord-Tenant Disputes
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 10-03-2011, 09:12 PM
  3. Video: Landlord Tenant Law
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-29-2011, 01:50 AM
  4. Video: Landlord-Tenant Law: Self-Help Eviction
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-29-2011, 01:50 AM
  5. Nosy Landlord
    By cursed in forum Real Estate and Property Law Questions
    Replies: 1
    Last Post: 07-30-2011, 05:04 PM