Discovering a tenant hoarding is a common and challenging situation for landlords. Conditions can create fire hazards, pests, water damage and complaints from neighbors. At the same time, hoarding disorder can be a disability under federal fair housing law, which affects how landlords must respond. This guide outlines the general landscape. State and local laws vary, and this isn't legal advice; consult an attorney before taking action.
Recognizing a problem
Signs that may come up during maintenance, inspections or complaints:
- Blocked doors, windows or pathways
- Items stacked to the ceiling or against heaters
- Pest activity spreading to other units
- Strong odors
- Inability to access the unit for repairs
- Water leaks or damage the tenant didn't report
Inspections and access
State law and the lease govern a landlord's right to enter, typically with advance notice except in emergencies. Use proper notice, document conditions with photos, and focus on specific health, safety and lease issues.
Lease and code issues
Hoarding can lead to lease violations involving:
- Health and safety, such as fire hazards, blocked exits and sanitation
- Damage to the unit
- Pests affecting other units
- Interference with other tenants
- Failure to allow access for repairs
Local housing and fire codes may also be violated, which can lead to inspections and orders.
Fair housing and reasonable accommodations
Under the federal Fair Housing Act, landlords must make reasonable accommodations in rules, policies, practices or services when necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling. HUD and the Department of Justice have published a joint statement explaining these obligations. Hoarding disorder may qualify as a disability.
In hoarding situations, a reasonable accommodation might include:
- Additional time to address conditions before eviction proceedings
- A plan with milestones and periodic reinspections
- Allowing the tenant to work with a therapist, case worker or professional organizer
Accommodations must be reasonable; a landlord isn't required to accept conditions that pose a direct threat to health or safety that can't be reduced, or that cause undue burden. The process typically involves the tenant requesting an accommodation, though landlords who see signs of a disability may consider offering one.
A practical process
- Document conditions with photos and notes, focusing on specific issues.
- Give written notice of specific violations and what must be corrected, with reasonable deadlines.
- Offer resources, such as information about local hoarding task forces, adult services or cleanup companies.
- Consider accommodation requests in good faith.
- Reinspect with proper notice.
- Escalate through legal processes only as needed, with legal advice.
Cleanup coordination
Professional hoarding cleanup companies can work with tenants, families and case workers. Landlords should be clear about who is paying. Generally, tenants are responsible for their belongings and conditions they caused, though landlords sometimes pay upfront and seek reimbursement as allowed by law and the lease.
Pests and neighbors
Pest infestations can spread. Coordinate pest control across affected units, and communicate with neighbors without sharing private information about the tenant.
After a tenant leaves
If a tenant moves out or is evicted and leaves belongings, state abandoned property laws govern how they're handled. Document everything and follow required notice and storage procedures.
Example of a workable plan
A landlord finds a tenant's unit with blocked exits and stacked papers near the stove. The landlord gives written notice listing those two issues with a 14-day deadline, includes contact information for a local hoarding task force and two cleanup companies, and offers to discuss a reasonable accommodation if the tenant needs more time. The tenant requests 30 additional days and agrees to weekly progress checks. Exits and the stove area are cleared within the first week; the remaining rooms are addressed over the following month. The landlord documents each reinspection.
Insurance and liability
Fire risks, water damage and pest infestations from hoarding can affect the building and other tenants. Review your property insurance, and document the steps taken to address hazards. Prompt, documented action protects both residents and the property.
Frequently asked questions
Can I evict a tenant for hoarding?
Possibly, if conditions violate the lease or codes and legal procedures are followed, but fair housing obligations may require considering reasonable accommodations first. Consult counsel.
Can I enter to clean the unit myself?
Generally no, except in emergencies or with consent and proper notice. Removing a tenant's belongings without legal authority can create liability.
Do I have to pay for cleanup?
Usually the tenant is responsible for their belongings and conditions they caused, but arrangements vary.
What if other tenants complain?
Address legitimate health and safety issues promptly while protecting the hoarding tenant's privacy.
What if the tenant has a case worker?
Working with the case worker can make a plan more effective.
Should I tell the tenant's family?
Respect privacy; share information only with the tenant's consent or as the law allows, such as with emergency contacts in an emergency.
Key takeaways
Document conditions, use proper notice, focus on specific safety and lease issues, and consider reasonable accommodations under fair housing law. Offer resources, reinspect, and use legal processes only as needed with advice from counsel. Professional cleanup with clear payment arrangements helps resolve conditions.
Sources
- HUD and DOJ: Joint Statement on Reasonable Accommodations Under the Fair Housing Act
- American Psychiatric Association: What Is Hoarding Disorder?
This guide is general information. It is not legal, medical, environmental or safety advice. Rules vary by state and locality. For a specific situation, consult the relevant agency or a qualified professional.