Question Regarding Landlord Trash Responsibilities

[Red Diamond]

We live in a large complex, with many apartments. The dumpsters are communal, and shared by all and sundry. The landlord does not empty the dumpster until the trash is overflowing, with much of the garbage piled at the sides of the dumpster. Some of the garbage bags are not closed securely, and trash occasionally spills out into the street. The complex is near a wooded area, and animals are sometimes seen rooting around in the garbage piled around the dumpster.
Recently our rent increased dramatically, and we would like to find somewhere cheaper. My question is; Since the garbage is not collected regularly and poses a health risk, from the trash strewn around, unsecured bags, and feral animals feeding from the trash, is this reason enough to break the lease? The dumpster is 60 feet from our apartment, and when the wind changes, the garbage can be smelled.

Thanks for any input, much appreciated.

[jot0n0]

From what you describe, I don’t believe you have a strong enough case to claim breach of warranty of habitability to break your lease since the condition occur 60 feet away and not within your apt. At most DEP can fine LL for not having sufficient size and number of receptacles to contain accumulated wastes during a period of seventy-two hours. You mentioned that “garbage is not collected regularly”, do you mean that the trash are not picked up by NYC Sanitation, but by a private trash collector hired by LL? And have you already sign you renewal lease?

[mbrenner]

Why don't you contact the Dept. of Sanitation and ask them about the rules?

[TenantNet]

LL does not need to be put on notice on a condition in a public area - there's a presumption they know about it. However notice and a violation would be helpful, and depending on the severity, could support a claim of constructive eviction -- although based on the post, that conclusion might be a stretch; it might be a nuisance and inconvenience, but might not be a real constructive eviction where the unit was uninhabitable. Really depends on if the Health Dept. violation states it's an 'immediate hazard.' Of course leases can be broken - happens all the time. But any potential liability depends on many factors (and there's a variety of threads that discuss that).

[Chimera]

Is the trash in your complex removed on a regular basis? The stench of garbage does not violate warranty of habitibility as long as it is removed on a regular basis (i.e., once a week) and does not pose any health risks. You are looking to break your lease because of the rent, and if garbage is the only excuse you can find to try to break your lease, you will probably have a difficult time. Was your rent raised upon your lease renewal? If it was raised in the middle of your lease, that is not legal. However, if your rent was raised upon the start of a new lease, and you were unhappy with the new rental amount, you should never have signed the lease, because you are now legally obligated to fulfill it's terms. Many large complexes will allow you to break your lease by charging you a fee, or by holding you liable for rent until a new tenant is found (last complex I lived in provided a choice between the two) contact your manager and find out what your options are.

[Cranky Tenant]

Originally posted by Red Diamond:
[The dumpster is 60 feet from our apartment, and when the wind changes, the garbage can be smelled.

In New York City, it would be hard to find a place where the garbage wasn't within 60 feet of any apartment. You also have the option of closing your windows.

[TenantNet]

To me again -- there is no automatic penalty. It's a question of contractual obligations (which can be disputed) and whether an owner will decide to pursue the leaving tenant (certainly doesn't happen all that much) and whether or not the owner has a basis for mitigation of economic damages. If an owner were to make a claim for the remaining portion of a lease, they need to interpose claims of economic damages -- and a viable defense might be if they did anything to mitigate it. Although courts can be divided on this (and certainly it might be different in commercial leases), there is a presumption that in NYC, almost no apartment will go unrented for too long if it's put up for rent -- unless it's way beyond market price or so inhabitable that no one would take it. Even then, many places are gobbled up. So economic damages are often tenuous.

To Cranky ... the Health Dept. has certain provisions and criterial for health hazards. Maybe not so much smell, but the attraction of insects and vermin that some garbage could be a health hazard if not properly contained and picked up. Also, the underlying theory behind the Housing Maintenance Code, Multiple Dwelling Law and Building Code has to do with safety. Looking at the development of those codes over the years, certain requirements are directly drawn from health concerns, i.e., that there must be windows of certain size in square feet (techically an open receptor to allow fresh air and light. Chimneys must be x number of feet away from any open receptor (open window). Old law tenements or railroad flates - that you might see on the LES - often did not have windows mid-building. The shafts that came along later were not much better, but did alleviate some of the air/light concerns. Some of this came along with the tenement reform movement (as did bathrooms in each unit). Also shafts in mid-building allowed the depth of buildings to be greater. The point is that the ability to close windows is not necessarily a mitigation of what otherwise might be a true health hazard. On the other hand, 60 feet does seem to be quite a distance. 5-10 feet might be a real hazard - at least in terms of air quality.