Tip of
the Month - May, 2020
RECYCLING LAWS
Source: Professional Apartment Management
Sherwin Belkin, Esq.
More
and more localities around the country are passing laws requiring
the recycling of garbage and waste. If
your locality has already enacted a recycling law, make sure your
leases spell out what a resident's responsibilities are and also what
your rights are. You will avoid confusion and disputes down the
road: A resident will know exactly what is expected of him/her.
And you do not want to get caught in the middle, by getting fined for
a resident's non-compliance or having to clean up after a resident
who will not cooperate. Even if there is no garbage-recycling
law in your area, it is smart to be prepared in case one is adopted.
A good clause would contain these elements:
The resident
agrees to comply with all current and future recycling
laws.
The resident
agrees to sort, separate, and recycle garbage into whatever
categories the law prescribes.
You, as the owner,
may refuse to collect the resident's garbage if
he/she does not separate it properly, and require him/her to arrange
and pay for its collection.
The resident agrees to pay any fines or penalties either you or he/she
may get because he/she failed to sort the garbage properly. This
prevents you from having to pay for the resident's failure to comply
with the law.