What to Do When Your Tenant is a Hoarder!
Landlords must be very careful how they approach this tricky situation. Handled incorrectly, you could be in for a lawsuit.
“Terry” was my first hoarder client. About 50 years old, he worked as a custodian at a high school in a small town not far from where I was living at the time.
He was a genuinely nice guy and proud of his collection of washing machines from the 1940s onward.
Now, “collectibles” to some people are pure junk to others. To Terry’s neighbors, his front and backyard, as well as the inside of his rented home had become a dangerous junkyard, complete with rats and other vermin that freely roamed the property.
The place was overflowing with, not just washing machines, but broken-down cars, airplane parts, toilets, sinks, you name it. In those years, he was known as a junkman. Today he would be called a hoarder.
He had received and ignored notices from his town’s code compliance officers to remove the items, and especially the things that made entry or exit from his home dangerous. With few window coverings, the home’s interior was visible, piled to the ceiling with “stuff.”
His wife and children were living in dangerous conditions that Terry did not acknowledge. With the assistance of code compliance, they and their landlord arranged for a meeting at my office to work out a clean-up plan with Terry – or he would face prosecution.
I was asked to drive Terry to my office. In reality, behind my back, during our lengthy afternoon meeting, Terry’s wife – with the enthusiastic approval of the landlord – had embarked on something like an intervention. Later she told me: “I hired a disaster restoration company and told them to remove every last piece of junk from inside and outside the home. Anything of value was purchased by a scrap dealer.”
The crew did such a good job that when I drove Terry home, it took a few minutes before we could find his house!
I have to admit that it made me happy to see this crap gone and a bit of sanity restored to his family and the neighborhood. Terry got into therapy and did not repeat his hoarding behavior. He was lucky as there is a high relapse rate among hoarders.
But this was well before the psychology of hoarding became widely understood. Today, if the same things happened, some poor landlord – driven out of his mind by the insanity of having a hoarder as a tenant – could wind up being sued.
Hoarding Is Protected as a Mental Illness
Once called “junkmen,” hoarders – whom landlords and officials agree pose major risks to the health and safety of not only themselves, but their families, neighbors and communities – are viewed as suffering from various forms of mental illness. This means hoarders are generally protected under the Americans with Disabilities Act.
“This is why it is so important for landlords and property managers to have proper language in their rental agreements that covers these types of tenants and scenarios,” San Diego attorney Evan Walker points out.
Rent Pro, based in Lancaster, N.Y., recommends that landlords consider adding what is called a housekeeping addendum to their rental leases in states where it is permissible. The addendum outlines the standards tenants are expected to meet, including such stipulations as:
- Floors should be clean, clear, and free of hazards that could lead to a trip and fall injury.
- Trash should be disposed of properly and not left in the unit.
- The entire rental unit should be free of anything that contributes to rodent or insect infestation.
- The kitchen should be kept clear of spoiled food and grease. Appliances should be kept clean.
- Pathways to front and back doors must be clear from furniture, appliances and debris.
- Front and back yards should be free of debris, trash, old furniture and appliances.
- Porches should be free of living room-type furniture.
- Parking lot/space should be free of grease and oil. Inoperative automobiles must be removed. No repairs of automobiles are allowed on the premises.
Violating these terms will subject the tenant to eviction.
“State law requires landlords to maintain habitable dwellings, and also requires tenants to keep their units clean and sanitary, disposing of garbage properly, avoiding excessive clutter and not damaging the property or using the premises in an improper way.” Walker said. “So, when you are on notice that the tenant’s ‘stuff’ is blocking exits or doorways, interferes with ventilation or sprinkler systems, and attracts pests because of improper food storage – to list just a few – this could be a hazard for other tenants, and could be considered as a violation of the rental agreement and, likely, state law.
“At this stage, contact the tenant, point out what you have seen, and politely – but firmly – indicate that if the problem isn’t resolved, you may have to file an eviction suit. Be sure you can prove that you have brought these items to the tenant’s attention.”
How to Build Your Case Against a Hoarder
Pasadena, Calif., property manager Jon Anthony Dolan says: “Document everything! If the tenant will not respond appropriately and clean up the mess, you may have no choice but to evict them. So, begin preparing for the possibility now and document your correspondence with the tenant and keep detailed, chronological records. This means taking videos, photos, detailed notes which establish a record of the property's condition. This material is critical to prove your case.”
You must be able to prove that notice to cure the tenant's breach has been provided. Do this with a certified letter or with a letter hand-served on the tenant, and if no one comes to the door, have it posted on the front door, with photos taken. It is important to follow your state's rules for Service of Process just to be sure you can establish giving the tenant every possible opportunity of curing the breach.
Important: You Are NOT Evicting Because They Are a Hoarder!
Dolan stressed the importance of understanding what you are NOT evicting them for. “You are not evicting them because they are a hoarder, because if you use that language, it is a violation of Fair Housing laws, since mental illness is a protected class.
“In addition to a possible violation of the rental agreement, often the hoarding behavior can be seen as a nuisance to other tenants if it substantially interferes with their use of the property. For example, filth that creates a pest infestation, and clutter in common areas can create accessibility issues for EMS personnel.”
Walker strongly recommends retaining experienced landlord-tenant counsel, “as hoarders are among the most difficult of tenants. They may be unlike any tenant you will ever have, and the risks of being sued for violating their rights are very real.”
About the Author
Attorney at Law, Author of "You and the Law"
After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."