Responsibility for removal of dead raccoon depends on where it was found

I recently found a dead raccoon on the lawn outside my rental unit. The landlord asked me to dispose of it, but shouldn’t he be responsible? Also, is the tenant responsible for cleaning up the mess caused if animals get into the garbage or green bin if they did not close the lids tightly? Finally, if a tenant leaves recycling bins outside too long after pickup and they go missing, who should pay to replace them?

The legal obligation to remove a dead raccoon (or any debris left by nature) generally depends on where the raccoon or debris are found. If it is within a private use area, such as a private patio area, then it would be the responsibility of the tenant who has the exclusive use of the area.

However, if the raccoon or debris are in a common area, then it’s the landlord’s legal responsibility. Landlords would clear such debris when they maintain the common area, such as when they cut the grass. But even in a common area, if the raccoon was killed by a pet owned by a tenant, it would be tenant’s duty to clean up after their pet.

A practical issue arises if the common area is the backyard of a duplex or triplex and the landlord does not live there. Then, most reasonable tenants would dispose of the dead raccoon or other debris so that they can have a clean, sanitary backyard immediately, without asking the landlord to travel.

As to garbage strewn around, if the mess was due to the tenant’s failure to properly close the garbage and green bin lids, the responsibility is the tenant’s. However, if the mess is in a common area, as between the landlord and other tenants, the responsibility is the landlord’s.

If the landlord can tell who was responsible for the problem immediately, the landlord can ask them to clean up the mess. However if it takes more than a brief inquiry to find the responsible party, then the landlord should do the cleanup and deal with the tenant who is at fault later.

After identifying the tenant at fault, and giving them a chance to explain, a common first step would be to back charge the tenant a reasonable amount for the cleanup. The landlord could also warn the tenant to take better care, or there will be more serious consequences. Landlords can give notices of termination to tenants who fail to clean up common areas after making them dirty.

The recycling bin issue is a little trickier, because there is a general principle of law that a person is not responsible for the wrongful act of a third party; the tenant is not typically responsible if the bin is stolen. That would leave the landlord to replace the bin, since it is up to the landlord to provide a recycling bin and a garbage bin that seals.

However, people can be held responsible for the wrongful act of a third party if their negligence contributed to the wrongdoing. The tenant would be negligent if they had known or ought to have known that there was a recycling bin thief in the neighbourhood. The landlord will probably have to pay for the first replacement, but the tenant should be on the hook for any subsequent losses due to leaving the bin out too long.