Responsibility for disposal of squirrel carcass depends on where it was found

Information for tenants and landlords

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

However if the squirrel or debris is in a common area, then the legal responsibility is the landlord’s. 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 squirrel was killed by a cat or dog 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 pick up the dead squirrel or other debris so that they can have a clean, sanitary backyard immediately.

As to garbage strewn around, if the reason for the mess is the tenant’s failure to properly close the garbage bin lid, then the responsibility is theirs. Even if the mess isn’t your fault, you should probably just clean it up.

If the mess is in a common area, the responsibility to ensure the area is cleaned is the landlord’s, but the landlord can charge back a reasonable cost for the cleanup to the tenant who is responsible. The landlord could also warn the tenant to take better care or there will be more serious consequences.

Landlords can give warnings or notices of termination to tenants who fail to clean up common areas after making them dirty or cluttered. Examples include leaving soft drink bottles or food waste on common-area lawns or patios, or leaving lawn furniture or children’s toys out on lawns or walkways in a way that presents a tripping hazard or makes the property look a mess.

A tenant is not typically responsible to replace a stolen recycling bin. The landlord is 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 (like the theft) 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, or left the bin out overnight. The landlord will probably have to pay for the first replacement, but the tenant could be on the hook for any subsequent losses once it is clear that the bin needs to be brought in promptly.