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Hi All

Discussion in 'Questions and Answers' started by ellenfins, Apr 9, 2010.

  1. ellenfins

    ellenfins New Member

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    Question.

    Hi folks. I recently moved into an apartment and pay my rent on time every month. I'd been hearing this loud chatter of birds outside my back door in the vicinity of the fire escape. Going out to investigate, I was mortified to see piles and piles of bird poop all over the banisters leading downstairs. I have to assume that this is at the very least unsanitary and the landlord refuses to clean it, and I'm certainly not going to risk my health to go out there and try to clean it up. Anyone know where I can go or who I can talk to to complain? Thanks so much.
     
  2. HardKoreXXX

    HardKoreXXX Insensitive to the Touch

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    It may be unsanitary, but It doesn't surprise me that the landlord refuses to clean it. This is an act of nature, and since there are no maintenence issues involved, he's not really obligated to clean it. I'm sure that's not the answer you wanted to hear, but unfortunately I think you're stuck cleaning it yourself or paying someone to do it for you.
     
    ellenfins likes this.
  3. pennphinfan

    pennphinfan Stelin Canez Arcade Scorz

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    I agree that the landlord is most likely not on the hook to clean up bird droppings, but I would first start by looking over your lease and see if there is anything written in there about yard/outside maintenance. Many times with apartment buildings there are clauses about that kind of thing.
    Next, your city or town should most likely have some sort of housing commission, if you call your local information line (usually something like 311) they may be able to connect you to someone who can help you out.
    If all else fails, you can talk to a lawyer about the possibility of threatening a civil lawsuit against your landlord. Though, this route would probably be more expensive than just investing money in a power washer and a mask.
    I think those are about all your options at this point. Good Luck!
     
    ellenfins likes this.
  4. KeyFin

    KeyFin Well-Known Member

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    I agree, you're probably out of luck forcing the landlord into action. It's amazing what a coating of soap and putting your finger over the end of a hose can accomplish though....it may be your only option.

    The only other piece of advice I can suggest is mention it to your other neighbors and get them to complain to the landlord as well. There's always strength in numbers and maybe he will cave in. Although you may not want to clean it, $20 plus a teen with a pressure washer would also solve the problem. If enough complain, that's probably what the landlord would do.
     
  5. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

    I disagree. When I lived in an apartment the apartments and grounds were taken care of by the complex. We had to do our part with basic cleaning and such but if anything were broken or unsatisfactory all we had to do was mention it to them and they would have taken care of it. This is certainly one of those things that our grounds crew would have taken care of.
     
  6. LandShark13

    LandShark13 New Member

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    A quick call to a local real estate attorney should net you the correct answer. This information should be free and only cost you if you wanted the attorney to handle this case for you. In most cases it should be resolved with a simple letter from an attorney. This is assuming that you do have some legal ground to stand on.
     
  7. KeyFin

    KeyFin Well-Known Member

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    You had a good landlord and there was an actual staff present...meaning it was a larger complex. Apartments range from small efficiencies to penthouse suites; not all of them offer cleaning services and it is usually stated within the contract that it is at the landlord's discression. Ultimately you get what you pay for, and because your complex was great does not mean they all are.
     
  8. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

    Yeah I know. I didn't think the complex was large but I guess looking at other places it was pretty big...

    besides. I am the only one saying that it should be covered, wouldn't that make the "does not mean they all are" comment a bit to the wrong person?
     
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  9. ellenfins

    ellenfins New Member

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    Thanks for everyone's advice. My apartment complex is relatively small but I read the entire lease cover to cover twice. The gist of the maintenance part is that all "common areas" are covered for any and all maintenance issues (whether this is considered a "maintenance issue" is debatable, IMO). You just have to submit a request for a work order in writing, which I did already. I think common areas includes the fire escape and I just can't bring myself to clean it. I have an extremely squeamish stomach and I know I would be dry heaving all over the place. I think my next call is going to be on Monday to the Manhattan Board of Health - see if they can steer me in the right direction.
     
  10. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

    I think a fire escape falls under common area. It's not in anyone's apartment.
     
  11. ellenfins

    ellenfins New Member

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    That makes me hopeful. Thank you anlgp.
     
  12. anlgp

    anlgp ↑ ↑ ↓ ↓ ← → ← → B A

    Well. I'm not a legal person by any means. It's just my opinion really, but I think it's common sense.
     
  13. DeDolfan

    DeDolfan Premium Member Luxury Box

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    IMO, this is an exterior problem that would or should generally fall under the landlord's responsibility. However, it would depend on local ordinances and/or your tenant's association by-laws with the landlord, if any. If the landlord refuses to clean it, then it's a reasonable chance that he knows what he is liable for. If he's just being a butt hole about it, then he may just be trying to get away with something. Altho legal action is likely to be more costly than taking care of it yourself, maybe you might want to contact the local health department. Maybe there is something they can do to twist his arm. But again, this likely will depend on local ordinances.
     
  14. KeyFin

    KeyFin Well-Known Member

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    If you read the clause within your lease correctly, then it should ultimately be the landlord's responsibility. The true question is how much time and money are you willing to invest to avoid renting a pressure washer and paying the kid down the street twenty bucks to clean it?

    Calling the health board is a good start, but realise that it is a state entity and therefore inefficient. They will likely tell you to call someone else, who may or may not actually be the person you should be talking to. Another route would be to check and see if your complex belongs to any type of organization that gives kickback dues to the property owner, or possibly contacting the property owner diectly (if it is not the landlord). It's all up to you on how far to fight this issue, and you legally could hire an attorney and sue the complex for a breach of contract.

    Again, we're talking about a kid and a pressure washer here though. Me personally, I would write letters to everyone and fight it like it gave my child cancer, but that's just my personality and how stubborn I can be over things like that. The decision is ultimately on your shoulders and how far you want to take it...no answer here can change that.
     
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  15. Boik14

    Boik14 Season Ticket Holder Club Member

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    From my experience the landlord is obligated to do certain things at a minimum like cut the lawn and present a suitable living environment. Having bird crap on a fire escape falls under the category of borderline hazardous and certainly gross. If an emergency ever came up, i think your strongest argument to get something done is that your landlord could very easily be held liable if the fire escape is legitimately dirty. I would take pictures of it and if you have a friend or acquaintance who is a lawyer see what they think. If they believe a landlord could be in legal trouble if the fire escape needed to be used and couldnt be used because it was not in suitable condition well then all youre really doing is trying to protect your landlord. Also, I would look in to what the minimum requirements are for the landlord in your state to pass any inspections. I can be sure having significant clumps of birdcrap on the fire escape probably dont help his cause. :)
     
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  16. ellenfins

    ellenfins New Member

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    Thank you Boik. I certainly agree with you. I have a niece who visits quite frequently and she wants to go downstairs to go to the backyard and has to do so via the fire escape. I keep telling her not to touch the banister on her way down because I'm positive you can probably get diseases from that garbage that's on the banister. I did reach the Manhattan Boro Department of Health today and am waiting for a call back. I'll keep all you helpful people advised. And now on to my new thread. :lol:
     
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  17. TokyoFishFan

    TokyoFishFan New Member

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    You may also want to consider a maintenance work request for installation of bird netting or some other means of trying to prevent further accumulation once it does get cleaned up.
    There are many sites out there. Just search on bird netting or pigeon netting.
    Example site: http://www.birdbgone.com/
     
  18. 2socks

    2socks Rebuilding Since 1973

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    contact your local health dept
     
  19. Section126

    Section126 We are better than you. Luxury Box

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    Very simple..murder the birds.

    Use a 20 gauge bird shot and take them down.

    show those bastards who's boss.
     
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  20. TJamesW_Phinfan

    TJamesW_Phinfan New Member

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    This route could be quite cathartic as well. :lol:
     
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  21. 2socks

    2socks Rebuilding Since 1973

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    It would be hilarious to see maintenance cleaning up a bunch of dead birds covered in bird poop:yes:

    you could do your best Clint Eastwood impersonation while they are doing the work:up:

    "Do you feel lucky punk...well..........do ya?"
     
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  22. MonstBlitz

    MonstBlitz Nobody's Fart Catcher

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    Wow. I'm a bonafide germaphobe but even I'm not afraid of a little bird poop. Risking your health? Seriously? It maybe be unsightly, but it's just bird poop. It's a fact of life we all have to deal with. Probably not the answer you want to hear, but there's really no need for you to be this concerned about bird poop. If the unsightly nature of it disturbs you, like someone else already said, hose and water.
     
  23. King Felix

    King Felix Season Ticket Holder Club Member

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    Get some bums to clean it for cheap


    Sent from my iPhone using Tapatalk
     
  24. KeyFin

    KeyFin Well-Known Member

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    How exactly do you think we spread germs and diseases? If we get it by touching it or breathing it in, you don't think it comes out the same way? Blood, saliva, urine, and poop all work the same way....if it comes out of a person or animal then it can pass sickness to others.


    That reminds me of the commercial where the woman is blowing secondhand smoke in her kid's face in the restaurant, then says, "Don't use that glass, that dirty spot on it could kill you."
     
  25. ellenfins

    ellenfins New Member

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    Yes, seriously risking our health. As a matter of fact the health inspector who came out after I called mentioned diseases in the double digits that can come from the piles and piles of bird poop that has been there (he assumed) for years and said even he wouldn't touch it without a serious mask, power washer and gloves. And as a tenant, it's not my responsibility to take care of it. It's my landlord's (who should be doing it soon, thanks to the health department). Thank you for your response though and thanks for all the advice everyone.
     
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