Does my landlord have the right to dictate which garbage collection company I use?

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Does my landlord have the right to dictate which garbage collection company I use?

I am a renter and was recently notified by my landlord that he was going to increase my rent. He said it was because he was notified that I did not have garbage collection services in place. However, I do in fact have garbage collection services in place but he is insisting that I utilize a different company that charges double the amount that my current service does.

Asked on June 22, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

He has this right only if something in a written lease gives him that right--i.e. the lease specifies which service to use; states that the landlord may determine the service or that the service must be "acceptable" to the landlord; or states that there are certain parameters of service which much be honored of fulfilled, which the new service would fulfill, and the old one did not. Otherwise, if the lease doesn't give him the power to select a service, he does not have that power. The landlord also may not increase the rent in the middle of a lease term, only when the expires, unless the lease itself allows for a mid-term increase.


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