How to Deal with 4 Kinds of Problem Tenants, #1: The Slob

Does your rental look like a scene from an episode of Hoarders? Is your tenant in dire need of an intervention by Marie Kondo? In this series, we’re giving you tips on how to deal with 4 kinds of problem tenants that crop up all-too-often in the world of rental investing, and this article’s featured problematic tenant is no other than “the Slob”.

Picture this:

You, a landlord who invested a lot in your properties, visits a tenant one day. You walk up to the door and try to open it, but it won’t budge. You use your shoulder to shove back enormous piles of junk barricading the way. You look in and see mountains of broken appliances, soiled clothes, crawling insects, and plates of half-eaten food.

You have discovered that you unwittingly rented your property to a Slob. Now what do you do?

1. Screen Tenants Properly

In an ideal world, you could have avoided this situation by making sure you screen tenants thoroughly - that includes calling up their past landlords, and verifying their rental history (so you know they actually lived at that property, and that the “past landlord” you’re talking to isn’t just a friend of theirs posing as a landlord). Once verified, ask previous landlords in detail about what the tenant was like during their stay (did they have any problems with property damage, living habits, or housekeeping issues?), and find out what deductions were made from their security deposit.

gives you more tips on screening tenants like a pro.

2. Be Precautious With the Lease

In addition to great screening, you need to be strict and cautious with drafting your lease clauses. Don’t trigger a Fair Housing complaint, but still include the following:

• - A requirement for housekeeping standards that they need to uphold
• - A provision that allows you to inspect the property anytime with reasonable notice
• -A detailed guideline on what tenants are not allowed to do and items they cannot store
• - Penalties that are triggered when tenants are caught breaking these rules

Generally, anybody who fails to keep their unit clean and sanitary is considered as interfering with their lease agreement, as there is a Warranty of Habitability responsibility that both landlords and tenants should abide by - so make sure this is spelled out in your lease, too.

3. Determine if They're Hoarders or Just Slobs

If you failed to catch them in your screening process and have now got this kind of tenant in your property, you need to identify if they are a hoarder, or just a plain Slob. While they might show similar behaviors in the beginning, hoarders are generally more extreme with their excessive collecting of trash or worthless items. Their behavior is classified as a subtype of OCD, and is recognized by both the American Psychiatric Association (APA) and anti-discrimination laws as a mental disorder.

Similar signs might be manifested by Slobs, but usually not to an extreme - so if the level of trash build-up seems out of this world, be careful with how you proceed to make sure everything is done in a legal way (more on that below).

4. Document Everything

The moment that you notice conditions in your rental deteriorating, immediately raise your concerns with the tenant, and document everything. It’s the tenants’ responsibility to keep the property in good condition, so make sure this breach shows in your documentation by taking photos and videos, and keeping copies of all written notes or emails. Don’t give them notice over the phone - always do it in writing. This will make your case more compelling if you have to evict.

5. Don’t Let It Escalate

If left to their own devices, hoarders and Slobs might leave stains on your walls, stench on your carpet, unwanted insects hiding in little nooks, and a rotting pile of garbage in the driveway. (Neighbors might even complain of the pests migrating to their property and the foul smell ruining their family meals!)

If you let the situation escalate to this level, you’ll be forced to spend a fortune just to restore your property to its original condition. These clean-ups easily add up to a huge cost, so minimize the damage by getting on top of the problem as soon as it comes to your attention. Regular property inspections (even if it’s just a drive-by) will help you catch any developing issues with Slobs before they get out of hand.

6. Put Them On Notice

Messy tenants aren’t worth the emotional frustration and possible legal battles they can bring with them. So, put them on notice (usually a period set by the state; the standard is 30 days) and give them one last opportunity to save themselves by cleaning up the property. If you can’t reach a resolution and want to avoid eviction proceedings, you can offer cash-for-keys to get the Slob out quickly and start on repairs yourself.

7. Eviction on Legal Grounds

If you've done all of this, and the tenant is still not showing signs of compliance, it’s time to begin the eviction process. Although hoarders are protected by the Fair Housing Act, you can still evict them after making reasonable accommodations and establishing your grounds for eviction.

Common grounds for eviction of hoarders or Slobs are (but not limited to):

• - Direct damage to the property
• - Blocking of emergency exits and entrances
• - Interfering with systems (alarms, sprinklers, ventilation, etc.)
• - Collecting dangerous items (explosives, flammables, etc.)
• - Improper storage of perishable goods (like food), resulting in mold and pests
• - Housing animals that break the lease agreement
• - Being a hazard to their neighbors

And that’s it! You should be able to handle hoarders and Slob tenants now, or - even better - avoid them entirely.

In our next installment, we’ll be looking at how to deal with another category of problem tenant: the ultra-demanding renter who thinks their landlord is a hotel concierge. So check back next week to hear our tips for dealing with a tenant’s constant complaints.

Have you experienced having a Slob or hoarder tenant in the past? How did you deal with them?

Image Courtesy of: Ketut Subiyantoetut Subiyanto