Neighbor wants owner to clean up tenant’s trash

Barbara Holland

Q: In our neighborhood we have a house that tenants moved out of three weeks ago. They left trash in the driveway. How can we get the owners to clean up the place?

History: The tenants held a yard sale on Aug. 10. On Aug. 11, they left behind the trash. On Aug. 13, I contacted the association regarding the trash and submitted photos. On Aug. 15, I contacted the city Code Enforcement Department and filed a complaint. On Aug. 21, an officer from Code Enforcement stopped by; saw the trash; issued a citation to the owner with an abatement date of Sept. 3; posted the citation on the door. I hope she sent one to the company.

It is now going on four weeks and so far the only one who has stopped by was the inspector.

A: You have taken one action by contacting Code Enforcement, which has issued a citation. You can call the department to find out what further action it has taken.

Under Nevada Revised Statute 116.310312, the association has the right to enter the grounds of a unit to conduct certain maintenance or remove or abate public nuisance. The association must first provide the unit owner with a notification and opportunity for a hearing, per NRS 116.31031. If the unit owner fails to take action, the association has the right to maintain the exterior of the unit in accordance to its standards.

Also, if the association does remove the trash, the unit owner can be assessed for the expense. It also can place a lien on the unit if the owner fails to reimburse the association. It can start a foreclosure action against the unit owner.

Obtain a copy of the association’s enforcement policy as it might be following its due process with a 30-day notice. Hopefully, between Code Enforcement and the association, the trash will be removed.

Barbara Holland is a Certified Property Manager (CPM) and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.

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