criminal-law rental-property real-estate civil-law landlord
Should I fight City Trash Citation for tenants trash
<p>I own a quadplex in Cincinnati. Only 2 of the 4 units were occupied, but a tenant moved out on Monday, so I'm down to 1. The one that just moved out put all their trash by the road, not in a bin. My property manager went over today to inspect the unit after move out and found a citation on the door for $750! They told me they'll pay it and charge the tenant, but don't expect to collect anything from them.</p>

<p>The first question is, is there even a way to prove it was the tenants trash? I feel like they could say it was the other tenant or even just that it wasn't theirs. </p>

<p>The second question is can I charge it to them and at least take it out of the deposit, which was only $600, but at least I only eat $150 at that point.</p>

<p>The last question is, the citation said I could appeal. Do I have a chance at winning in a game of he said she said? I live in Tennessee, so I'd have to send my property manager, which will cost me more money. I'd hate to send them if I'm just going to have to pay it anyway.</p>

<p>Has anyone dealt with this before? Thanks.</p>

<p>The one answerable question regards the legality of taking the damages out of the security deposit. Consulting the <a href="http://codes.ohio.gov/orc/5321" rel="noreferrer">Ohio landlord-tenant law</a>, the tenant has various <a href="http://codes.ohio.gov/orc/5321.05v1" rel="noreferrer">obligations</a> including to</p>

<blockquote>
  <p>Dispose of all rubbish, garbage, and other waste in a clean, safe, and
  sanitary manner</p>
  
  <p>...</p>
  
  <p>Comply with the requirements imposed on tenants by all applicable
  state and local housing, health, and safety codes</p>
</blockquote>

<p>The citation should indicate the specific violation, but dumping trash in the street is a health violation. The act that says that if the tenant violates his obligation, </p>

<blockquote>
  <p>the landlord may recover any actual damages that result from the
  violation together with reasonable attorney's fees.</p>
</blockquote>

<p>Causing a landlord to be saddled with a fine is actual damage. It would be pointless to contest the fine with the city, unless you are alleging that some vandal drove by and dumped trash in the road near your apartment. (Even then, unless you already reported supposed illegal dumping to the sheriff, it is unlikely that you wouldn't be held responsible).</p>

<blockquote>
  <p>The first question is, is there even a way to prove it was the tenants
  trash? I feel like they could say it was the other tenant or even just
  that it wasn't theirs.</p>
</blockquote>

<p>Perhaps, but even if you could, it wouldn't matter. As a landlord you are responsible for your tenant's trash.</p>

<blockquote>
  <p>The second question is can I charge it to them and at least take it
  out of the deposit, which was only $600, but at least I only eat $150
  at that point.</p>
</blockquote>

<p>Yes, you may do both of these things. As user6726 notes, this is even expressly authorized by law, even if the lease didn't give you that power already.</p>

<blockquote>
  <p>The last question is, the citation said I could appeal. Do I have a
  chance at winning in a game of he said she said? I live in Tennessee,
  so I'd have to send my property manager, which will cost me more
  money. I'd hate to send them if I'm just going to have to pay it
  anyway.</p>
</blockquote>

<p>You have no realistic chance of winning. You should follow your property manager's advice by paying the fine and then trying to charge the tenant.</p>

<blockquote>
  <p>Has anyone dealt with this before?</p>
</blockquote>

<p>Citations for leaving trash on the road are pretty uncommon. I see analogous cases, however, where my landlord clients are cited for failing to maintain landscaping or for failing to shovel snow from sidewalks under city ordinances, where the tenants are responsible for these task under the lease, routinely, and basically the same analysis applies.</p>
