Ethical dilemma- super dirty unit, but the guy is disabled.Evict?

Ethical dilemma- super dirty unit, but the guy is disabled.Evict?

Investor · Southern, NH · Member since 2015 · 99 posts · 28 votes

I recently acquired a building and there is one unit which is disgusting, smelly, and dirty. There have been multiple complaints of the smell by the other tenants. The smell equals that of underwear that has been worn for 2 weeks straight in 90 degree heat with a constant Taco Bell diet. Furthermore, it is the first unit of 11 when you walk in. Every tenant walks by and new prospective tenants as well.

The tenant has been there 10 years and always paid on time. His rent is $100-$150 under market value.

It sounds like an easy decision to evict, but he is a single, older male with multiple medical conditions. He certainly doesn't have the financial means to find another place and has disabilities which require him to have close parking and a handicapped accessible unit, therefore, limiting his options to find another place. He has no local family around.

Part of me wants him out because he is hurting my investment property and he is disturbing the other tenants. I am losing $150 a month in cash flow for as long as he stays and he will never leave on his own.

The human part of me fears what will happen to the guy if evicted. He honestly might die living in his car.

If I raised his rent, he wouldn't be able to afford it, and that would lead to eviction, so that would basically be the same as evicting him because of the complaints.

I'm in a tough spot. I've only met the guy once, should it be on my conscience to keep him with a stable living environment?

The maintenance man goes in and cleans up his unit every 6 months. Here is his unit before a cleaning:

What should I do?

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Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
10y

I would explain to him that part of his lease agreement is that he maintain the property in a relatively clean/decent/responsible manner.  (Hopefully, your lease with him actually states something to that effect.) 

I would then explain that he has not been doing that in the past, but that from today forward he will be held responsible for failing to adhere to that part of the lease.  It is one thing to be disabled, but if the man can walk to his car and drive around, he can certainly keep his apartment somewhat clean.  It may be difficult for him to walk to the dumpster, so I might arrange for him to be able to leave a trash bag outside his back door and have the maintenance man take it to the dumpster.

Tell him that any future complaints will result in a unit inspection, and that a failed inspection will result in eviction.  I would give him two weeks from your conversation to have the unit cleaned.  Tell him he can either clean it himself or he can hire and pay for a cleaning service to come weekly and clean the apartment.

Regarding the rent: with 22 units, I personally would be okay with leaving his rent at its current level.  Some landlords will say you should never leave a dime on the table.  Some will say landlords should always be considerate of a tenant's needs and financial situation.  I think there's room for compromise, but I also wouldn't say you were wrong to increase the rent to market rate if that was your decision.

NOTE: I am not a lawyer and not familiar with the landlord/tenant laws in New Hampshire.  You should verify that it is legal to evict for filth in your state.

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  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    10y

    I do not envy your decision @Eric Hathway,

    I wish you the best

  • Investor · PA · Member since 2013 · 1k+ posts · 602 votes
    10y

    You might be able to go to social services and see if they can have him put in some kind of retirement home for people that cannot take care of themselves

  • Investor · Fairfield-New Haven-Hartford County, CT · Member since 2013 · 825 posts · 413 votes
    10y

    @Eric Hathway is it possible there is another solution?

    If he is costing you $150/month + the possible cost to evict $1,000+/- = $2,500/year; can you possibly turn this into a win-win and find him another place for a landlord and give him $1,500 - $2,500 cash and cover his moving costs?

    Another landlord might be happy if he will pay the rent on time, and (unfortunately) may not care as much about his mess.

  • Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    I would explain to him that part of his lease agreement is that he maintain the property in a relatively clean/decent/responsible manner.  (Hopefully, your lease with him actually states something to that effect.) 

    I would then explain that he has not been doing that in the past, but that from today forward he will be held responsible for failing to adhere to that part of the lease.  It is one thing to be disabled, but if the man can walk to his car and drive around, he can certainly keep his apartment somewhat clean.  It may be difficult for him to walk to the dumpster, so I might arrange for him to be able to leave a trash bag outside his back door and have the maintenance man take it to the dumpster.

    Tell him that any future complaints will result in a unit inspection, and that a failed inspection will result in eviction.  I would give him two weeks from your conversation to have the unit cleaned.  Tell him he can either clean it himself or he can hire and pay for a cleaning service to come weekly and clean the apartment.

    Regarding the rent: with 22 units, I personally would be okay with leaving his rent at its current level.  Some landlords will say you should never leave a dime on the table.  Some will say landlords should always be considerate of a tenant's needs and financial situation.  I think there's room for compromise, but I also wouldn't say you were wrong to increase the rent to market rate if that was your decision.

    NOTE: I am not a lawyer and not familiar with the landlord/tenant laws in New Hampshire.  You should verify that it is legal to evict for filth in your state.

  • Lowell, MA · Member since 2016 · 22 posts · 14 votes
    10y
    Hi Eric, seems like you're really put in a tough spot. I'm not an experienced investor, but I am experienced with dealing with those who are disabled, as my sister would probably be in a situation like this if my family weren't always looking out for her. It seems like you want to help the guys out, but not hurt your business in the process, which I really respect because so many people out there would just throw him out without thinking twice. I'd advise you spend a little time getting to know the guy. Individually with disabilities like this are often really easy to befriend, because are often very lonely. If you can gain his respect, you may be able to successfully advise him to clean up his act (and his apartment). You could also get some insight on his financial situation after a relationship is built, as he probably gets enough disability money from the state to pay full price for his unit. If not, you could even help him find a new place to live. It may be a little extra work, and I'm sure you're a busy guy, but this could give you a real shot at solving the problem, without throwing the guy to the curb. And it will leave you feeling good too. Any other questions I'd be happy to answer. Good luck!
  • Rental Property Investor · Houston, TX · Member since 2014 · 146 posts · 35 votes
    10y

    This is business. Meet with him to see if he is willing to help you in order for you to help him. Both of you have to reach a common ground where both parties are happy. All help is not from just you. Be well.

  • Investor · Wakefield, MA · Member since 2016 · 107 posts · 71 votes
    10y

    @Eric Hathway My 2:

    If he's the first impression, and you don't want to evict him, you may just need to consider hiring a cleaning service and write it off. It would suck to be paid below market AND have to hire people to take care of the place, but if he's costing you good tenants (I would be turned off), this is a small investment in the long run. 

    If you can find a service to come in every two weeks and just improve the smell a bit, I think you'll be pretty happy. And if other tenants notice and want the service, you can always turn around and say, "Sure, it's just an extra $XXX a month." 

  • Developer · New Orleans, LA · Member since 2015 · 1k+ posts · 898 votes
    10y

    @Eric Hathway While reading the post, I was sympathetic with the tenant, and did not think it could be that bad.  Then I saw the photo, and wow! That's is more than just medical conditions, that is down right trash hording.

    I would talk to him, and let him know that you are not renewing his lease. If hes month to month, or on a fixed term, that his notice.  If he is on month to month, I would give him 60 days to vacate, because of his situation and that fact that he pays.  

    Given the condition of the unit, there are likely code violations everywhere.  Its not safe for him, the other tenants, or the building. 

  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    10y

    You are responsible for the safety and health issues in your building, and hoarding and odors like you describe are health issues (think rats) for the entire building.  you simply cannot allow this to continue.  It is also a protection of property issue.  (think of the smell permeating the flooring and drywall)

    I would sit down and talk with him to find out what is and isn't possible, and figure out a middle ground, with some combination of the above suggestions.  But regardless, you cannot allow it to continue, and I'd make that clear to him.  If he's able to drive, he's able to put trash in a bag.  Requiring inspections of his unit regularly to enforce this is not unreasonable, in my non-legal opinion.  

    Find out if he has some connection to some social service agency, and with his permission, talk to them.  

    Then I'd present him with options, all of which involve his participation in some manner, whether physical or financial, and then hold him to it.  If he won't cooperate, you'll have no option but to evict.  Document all your conversations and efforts.  It wouldn't hurt to discuss your lease with a NH real estate attorney to see what your legal options are.

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    10y

    I've often written - on another topic - that compassion and profit motive are diametric opposites. That is painfully evident here.

    @Eric Hathway, 

    I'll second the social services suggestion. This is someone who cannot take of himself or his home. He needs to either have a housekeeper visit him on a regular schedule or a residence better suited to his condition.

    I would urge you to take the compassionate approach and help him better his situation. You'll earn a lot of respect from a lot of people rather than earning their disdain for simply evicting him because of his needs (check with your attorney, also - may be an ADA violation).

    Some may disagree saying, "It's just business". A BIG part of supporting your business is building and maintaining a healthy relationship with the community. You want to leave everyone you deal with better than you found them. This demonstrates that you are a supportive member of the community rather than just another greedy profiteer.

  • Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
    10y

    Take him several applications for public housing.

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    I do not see this as being a ethical dilemma. His disability has nothing to do with the fact that he is a pig and disturbing other tenants. The fact that he is living in an apartment he can not afford is also not your problem.

    If you are not a social worker do not get involved in his personal life. Other tenants have complained, you have a responsibility to them first ahead of this one tenant. He may be disabled but that has nothing to do with the issue at hand, he is a pig and you need to get rid of him. He is not your problem your problem is dealing with all your tenants as a whole. Trying to change him will be impossible and only waste time having to ultimately evict. You could give him two weeks to change but I believe you are wasting time.

    As for his rent being below market I think the only fair thing to do if you end up keeping him is to lower all your tenants rents by $150. Not sure why you are discriminating against them rent wise.

  • Contractor · Birmingham, AL · Member since 2016 · 4 posts · 5 votes
    10y

    @Eric Hathway

    Over the years I've managed projects dealing with hoarders, filth, and unfortunately even human decomposition. From working on these projects and interacting with care providers, charities, and government sources, one thing I've learned is that assistance for people (like your tenant) is out there.

    This helps you because it means that more appropriate housing for him may be available allowing you to place a better tenant at a higher rent, or that someone other than you or your maintenance man could help with cleaning.

    It will take a little time and effort on your part but will be worth it because of either the increased rent from another tenant or the overall improvement to your property.

    * Plus you don't risk running into any potential issues requiring lawyers.

  • Investor · Buffalo, NY · Member since 2016 · 668 posts · 209 votes
    10y

    This guy needs some tough love. Raise rent to market rate and get social services involved. If you want a charitable tax deduction, hire a service for a once monthly deep cleaning as a gift. Twice a year won't cut it.

  • Investor · Southern, NH · Member since 2015 · 99 posts · 28 votes
    10y

    I just got off the phone with social services. They have opened a case and have assigned him a social worker who now has to meet with him in person and see his living conditions. I hope this leads to an answer, but at least I feel better I tried to help the guy.

  • Real Estate Investor · Chicago, IL · Member since 2014 · 286 posts · 159 votes
    10y

    Eric, good move. He has a physical disability, but also a mental disability, maybe depression. I have an older disabled relative and we called social services and they sent a care taker to go over 3 hours a day, 3 days a week to clean, fix meals, help take a shower, laundry. Hopefully, your tenant will get the help he needs.

  • Investor · Southern, NH · Member since 2015 · 99 posts · 28 votes
    10y

    I also asked the property manager to have him sign an agreement clearly outlining the sanitary standards and explaining he will be subject to monthly inspections. Failed inspection will mean eviction. This has to stop. I will do my best to help him, but I'm not hiring a cleaning service. Social services can help him and he will be required to maintain his living space. 

  • Rental Property Investor · Dover, NH · Member since 2016 · 47 posts · 9 votes
    10y

    @Eric Hathway, good on you for doing all you can without getting overly involved. Social services may even provide a cleaning service weekly and mental/physical care which sounds like what he needs. If/when he moves out just be ready to do a gut of that unit, who knows what damage all that trash and filth has done to the unit. 

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    10y

    @Eric Hathway as @Ann Bellamy pointed out this is a health and safety issue. In many cities the local health agency would consider this a public safety hazard and when notified would legally compel you as the landlord to deal with this. It is ok to feel sorry for another human being and if you want to assist him in transitioning to a better place, that is very kind of you. But, allowing a safety hazard to exist at your property is unfair to neighboring tenants and you are opening yourself to liability. 

    I would inspect the property and notify him of the health hazard giving him a reasonable time line to rectify. Document all your notices and take photos and videos. You want lots of proof that you worked in good faith to resolve before you evict. 

    The rent increase should be managed as it would with any other tenant regardless of disability. You cannot give people special treatment.

  • Wholesaler · Anderson, SC · Member since 2015 · 34 posts · 23 votes
    10y

    I'd raise the rent to market value, and if he leaves, so be it.  But, if he's staying and paying long term, then you don't have to worry about fixing up the place in between short term tenants.  I'd just find a way to deal with the smell.

  • Anthony CharaPro Member
    Investor · Centennial, CO · Member since 2012 · 327 posts · 232 votes
    10y

    Most disabled people want to be treated as if they aren't disabled. Don't let his disability keep you from raising his rent and getting him to clean the place and himself up. If it's causing a nuisance with the other residents, you need to put it in writing that he has X time to clean it up or you won't renew his lease. All of your residents should be treated equally based on their lease. PERIOD!

  • Real Estate Investor · Desoto, TX · Member since 2013 · 560 posts · 528 votes
    10y

    So let me get this straight, you are overly concerned about a tenant that disturbs and/or could be harming your other paying tenants, cost you money each month, is generating a substantial rehab bill for you in the future, is creating a health hazard, could be exposing you to legal liability. Am I missing something?

    I get that he has been there 10 years and pays on time, but under market. You can look at that another way as well, he has been ripping you off for a lot of years. Also, you are technically treating your other tenants like sh*t by catering to this dirty tenant. That doesn't sound fair to me. Gotta decide, are you a business or a charity. Put him in contact with the right resources that specialize in dealing with his population and you get back to specializing in being a real estate investor.

    I had a similar, but not near as bad situation with a disabled elderly tenant on Section 8. She was not the greatest tenant nor great with property upkeep (no where near your guy). When her lease term was near expiration, she was informed she had to go.   

  • Investor · Southern, NH · Member since 2015 · 99 posts · 28 votes
    10y

    These are all good answers. I am getting an agreement in writing that he will keep his place clean and if he doesn't that he will be evicted. It may just be a matter of time until it gets to that point.

    I want to make something clear; I have only owned the building for 2 months. His rent amount was from the previous owner. I am not treating anyone any differently than anyone else. I am tackling these issues now as the new owner. 

  • Joppa, MD · Member since 2016 · 11 posts · 2 votes
    10y
    Sounds like you did the right thing to me!
  • Everywhere · Member since 2016 · 63 posts · 26 votes
    10y
    OP good for you for not tolerating this! It sounds like you are doing the right thing. Being disabled shouldn't have anything to do with his inability to keep his unit clean. If he's also depressed or has mental issues he could surely hire someone to help him clean. Your tenant is clearly posing a hazard to his health and other tenants' health too. You are taking action for his well being as well as everyone else's. I truly hope you can get this tenant out and get the unit cleaned up. I'm not sure how you would ever get that smell out. Maybe you could help him move by stating the unit is inhabitable and you need to make the necessary actions to bring it up to health code and so he will need to vacate. In the mean time help him find another place to live and if you have to give him money for a deposit so be it at least you are getting him out. I like the idea of having something in your lease about keeping the apartment clean. Good luck!
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