MA Elder Law Questions and Answers
My mother lives in an independent living apartment in a continuing care retirement community. The contract we signed with them states that they are responsible for trash removal. Trash is picked up outside each person’s apartment 3 nights a week. Other than that, there is no means for residents to take out their own trash. The problem is that my mom is incontinent and goes through a lot of depends, which is garbage that needs to be taken out every day. The smell can get awful and seeps into the hallway unless it is taken out every day. We are constantly getting complaints from the facility about the smell in the hallway. When we pointed out the obvious catch-22 their garbage scheme puts her (and probably other residents) in, they offered to take her garbage out every day for an extra charge.
So her contract says they are responsible for garbage. Massachusetts tenant law says landlords have to provide receptacles. Is picking it up 3 times a week a sufficient replacement for garbage cans or a dumpster? Does tenant law apply to continuing care retirement communities? Can they charge extra for picking up her garbage under this scheme?