Major garbage....hoarders?

Question

I have tenants that I think are hoarders. When they are driving and see garbage sitting outside for collection in front of someone else's house, they bring it back. I have told them before they need to keep better housekeeping because they have stuff everywhere. My main concern is their garage because it is packed front to back and top to bottom. You can barely even walk into it. Can I do anything to get them to clean that up?

Account Closed · Answer

Tread carefully on this issue everyone. The ADA clearly says that mental illness is a disability. The disabled ARE a protected class when offering housing. "Hoarding" disorder was added to the endless list of mental illness in the recently updated medical manuals. The disabled must be given adequate additional "accomodations" by employers and landlords. The level of special accomodation isn't easily defined by law, but the law that says you must do it is there. All that said, no tenant can be in continuous violation of the lease or "house rules", or create a verifiable health or safety hazard and not suffer the consequences. No legal advice here, just a heads up to pay attention.

Account Closed · Answer

Did you inherit these tenants? Have they been there long term? Your tenants are entitled to "quiet enjoyment" of the property. So you can't ask them to clean, empty or organize the house or garage unless they are in violation of the lease or it poses a health or fire hazard. Are they in violation of the lease or "house rules"? Does the house or garage pose a fire hazard? Can they get out in a fire? Are there pests? Is it just the garage, and not the house? I don't believe discussing your concerns will have any impact. I've dealt with a lot of hoarder houses and hoarders. Hoarding is an emotional/mental issue that can't be addressed by rationality. If they are true hoarders, and if it were me, I'd terminate their tenancy right now. If they are year to year, I'd probably finish it out with lots of advance notice. If it's month to month, I'd give them their 30 or 60 day notice (60 days for tenants in place more than a year in CA). Unfortunately, many hoarders have to be evicted, even if they are good payors. Hoarders can't and don't move as they......can't and won't get rid of anything, and usually can't find any place to go. IMO, it needs to be dealt with asap.

Jerry W. · Answer

@Karen S. Hoarders can be a major health concern. Read your lease carefully and terminate it according to the lease as soon as possible. Hoarding is a symptom of what is usually a pretty serious mental health issue. You will probably have to evict since hoarders only rarely give up their stuff and there is too much to take anywhere else.

John H. · Answer

Sorry, I guess your right, I heard a landlord saying you can't because of it, but he seems to be wrong. http://www.propertymanagementinsider.com/hoarding-recognized-mental-disorder.html

Karen Margrave · Answer

@K. Marie Poe is correct, evict them. The mentally ill are not a protected class. Aside from the fire hazard (which is a danger to them, and neighbors) such hoarding invites rats, cockroaches, dangerous mold, etc. that can be costly to get rid of.

Account Closed · Answer

Thankfully, as long as you are not under any muni rent control laws in CA, you can easily terminate a month-to-month lease with proper notice. I say easily, because the process is straightforward for the LL. If the tenant doesn't move, then an eviction is required, which is not so easy and it costs money If you want the unit vacant, it's your right to vacate it. My guess is that the OPs tenants don't have a written lease that defines unsanitary or hazardous conditions. Kind of hard to find them in violation of something they never signed. Even if hoarders are considered a protected class due to mental illness, landlords can still terminate tenancies. And evict or for defaulting on the terms of the lease.

Jon K. · Answer

Huh? On what grounds? Is that local to your city/state? Tenants don't have the right to destroy your property, cause rodent infestations, cause a fire hazard etc.

John H. · Answer

Isn't this discrimination? Hoarders are a protected class.

Account Closed · Answer

Karen: I'd terminate their tenancy now. IMO, it's unreasonable to expect tenants to be orderly and/or clean to a standard they don't even notice or care about. That's not a trainable situation. Long term tenants can be great, except when they are not. Low turnover and low maintenance may not be a good trade-off in this situation. Entrenched, hoarding tenants only get worse with time (and age). Trust me on this one. You want to get rid of them of while they are still a couple and at least have each other and hopefully don't have any health problems that somehow prevent them from moving. If they are currently month-to-month, and assuming you are not in a rent-controlled area of CA, give them notice to vacate in 60 days, or 90 days if you are feeling generous. You don't have to give any reason, and I suggest you don't. Make it super professional and don't engage in any of their drama or issues or make it about the condition of the unit. Get the unit empty and start again. You may find that 90 days comes and goes with very little action on their part. And then you'll wish you had started sooner.:)

Karen S. · Answer

These tenants were inherited. They were there when I bought the place 5 years ago. I think they've been there for close to 12 years. The garbage in the garage IMO is a fire hazard. They guy is always in there welding things and with the sparks flying, it can be dangerous. I need to get these people out but my concern is that they live like pigs and their unit is super gross, they may try to put it on me and say I haven't given them habitable conditions. Because of they way they live, I don't think any of the previous owners of the building (I'm their 3rd) has done anything to their unit because it would be wasted money. I had new carpets put in and within 3 months of the installation, the carpets were dirty and torn up and they said to me "That's what happens when you put in the cheap stuff". Very frustrating!