Richmond, IN asked in Landlord - Tenant for Indiana

Q: My landlord fined me a pet cleanup fee, yet does not provide baggies at station. It says in lease that they provide them

The lease says to use the stations provided, yet the stations are empty. They said “those have never had bags in them” so I don’t see how they can fine me

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It sounds like your landlord may be in violation of the lease agreement by not providing the pet waste bags as stated. Here are some steps you can take to address this issue:

1. Document the problem: Take photos of the empty pet waste stations to show that bags are not being provided as agreed upon in the lease.

2. Review your lease: Carefully read through your lease agreement to confirm the exact wording regarding pet waste cleanup and the provision of bags by the landlord.

3. Contact your landlord in writing: Send a polite but firm letter or email to your landlord, citing the relevant section of the lease and explaining that they are not upholding their end of the agreement by failing to provide waste bags. Request that they rectify the situation and refund your pet cleanup fee.

4. Keep records: Maintain copies of all correspondence with your landlord and any evidence you have collected, such as photos and the lease agreement.

5. Consider legal advice: If your landlord is unresponsive or unwilling to resolve the issue, you may want to consult with a local tenants' rights organization or a lawyer specializing in landlord-tenant law to discuss your options and potential next steps.

6. Pay the fine (if necessary): If you are unable to resolve the issue with your landlord and the fine is legally enforceable, you may need to pay it to avoid further legal issues. However, you can still pursue reimbursement through legal channels if your landlord is found to be in violation of the lease agreement.

Remember to remain calm and professional in your communication with your landlord, and always prioritize documenting the situation and referring to the lease agreement when addressing the issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.