Who should payFee for trash pickup- discussion

[GMKOH]

What is the name of your state (only U.S. law)? Calif

I am the lessor of a townhouse in a private community with an HOA.

The county, being broke recently decided to charge $15/month for trash pickup (this had previously been a county function paid by taxes)

The HOA decided to collect this from each property and then to pay the county.

The lease our tenants signed do not mention county services. Our property manager said we could not require payment from out tenants for the extra charge (the lease did not specify that the tenants had to pay for trash pickup). I disagreed with the PM as trash pickup was never a landlord function.
(the lease did not specify the the landlord would provide trash pickup).

It has worked out as the tenants agreed to pay the $15/month, and we will include some verbage in the lease renewal or future leases to cover changes in county/government services), but if the tenants had balked at paying, where does the responsibility lie?. What do you think? Any suggestions as to wording such an addendum?

 

[Gail in Georgia]

The fee for the trash pickup would have been the responsibility of the owner. That would be you. In your next lease specify which utilities the tenants would be responsible for.

Heavens, we're only talking about $15 extra a month here.

Gail

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Calif
The lease our tenants signed do not mention county services. Our property manager said we could not require payment from out tenants for the extra charge (the lease did not specify that the tenants had to pay for trash pickup). I disagreed with the PM as trash pickup was never a landlord function.
(the lease did not specify the the landlord would provide trash pickup).

You are incorrect. The trash pickup is the LL's responsibility if it is NOT listed in the current lease. That is what the lease is for, it is written to SPECIFICALLY outline and assign what is the LL's and the tenant's responsibility. Absent any verbage, it falls back to the LL, as a SIGNED lease cannot automatically update to reflect new charges and addendums as they come along UNLESS specifically authorized by ALL signed parties on said lease.

It has worked out as the tenants agreed to pay the $15/month, and we will include some verbage in the lease renewal or future leases to cover changes in county/government services), but if the tenants had balked at paying, where does the responsibility lie?. What do you think? Any suggestions as to wording such an addendum?

You are wise to include it in the new lease, it is after all only $15.

As stated above, you are incorrect to assume it is the tenant's responsibility.