Am I responsible for a building fine due to garbage not being picked up on garbage day?

I live in a co-op building with a paid super. We pay $900 a month to the building for maintenance and what not. Over the weekend we replaced an old fence and had a lot of wood to throw out. Yesterday we asked the super if we could put the wood out to be picked up by the garbage men. He responded yes as long as it was after 2:00 pm. We put out the wood at 7:00 pm. Today we woke up and the garbage truck did not pick it up and the building was fined $100. The super is now saying we have to come move the wood and pay the fine ourselves.

Asked on March 12, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were allowed to place the wood for collection by the rental's superintendent and you did what you were supposed to do, you should not have to pay the fine that was levied on the building for the $100.

For the landlord to seek the $100 from you, the landlord will have the burden of demonstrating that you are responsible for the amount. The problem that I see is that unless you have a witness to confirm what the superintendent told you, you will have an issue of who the trier of fact will deem is telling the truth if the matter goes to small claims court.


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