Our tenant from No. 3 wrote to us, to complain that “smells coming from the balcony of the neighbor downstairs consistently cause strong and unpleasant odors—specifically from kitty litter and dog waste—that have made my apartment nearly uninhabitable. The smell often spreads into my living space and has become so unbearable that I can no longer sleep in my bedroom”.

The first paragraph of our lease with our tenants contains two pertinent phrases: . “Always be courteous to your neighbors”, and “Most of all … be a good neighbor”. Our House Rules have always included provisions for dealing with trash, but had not been specific about pet waste. With that in mind, we amended our House Rule as follows, and sent a copy of this new provision to all tenants at the building-involved here.

AMENDMENT TO HOUSE RULES

23. Tenants hereby agree to promptly remove from the unit and take to the trash bins any trash or waste that might produce unpleasant smells or odors, especially pet waste, and to remove such waste no later than by 8 PM each day. Any trash which contains garbage, food waste, or pet waste (kitty litter, etc.). must be put in plastic trash bags and securely tied before being deposited in the trash containers.

A few weeks later we contacted the tenant who had written to us about this issue. She reported that things were significantly improved, and that she would let us know if the problem returned. So far, this approach has worked well for her, and us.

Dear Readers: This article is the 261st in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing market. I appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, JD, CPM, CCAM, 99 S. Lake Avenue, Pasadena. Fin.Beven@BevenandBrock.com. www.BevenandBrock.com www.RentBandB.com/Vacancies