By Utopia Management
Hoarding tenants are one of the last things that an owner wants to deal with, but sadly they have become a reality over the years and the key to success with having a tenant who is also a hoarder is knowing how to deal with them.
If you have hoarding tenants, this article will offer you effective tips for dealing with hoarders. One thing has changed a great deal since we first wrote this: hoarding is now recognized as a mental health condition in its own right, and that means it may count as a disability under the Fair Housing Act. In plain terms, you can no longer simply evict a hoarder the way you would for an ordinary lease violation. The first thing you need to do is consider a reasonable accommodation and give the tenant a real chance to remedy the situation before eviction.
Here is where the law stands, at a glance:
- Recognized condition: hoarding disorder was added to the DSM-5 in May 2013 as an obsessive-compulsive-related disorder
- Protected status: it can qualify as a disability under the federal Fair Housing Act and the Americans with Disabilities Act, and under California’s Fair Employment and Housing Act (FEHA)
- Owner’s duty: offer a reasonable accommodation — extra time, a written remediation plan, a referral to services — before moving to evict
- When termination is still possible: a clear, direct and immediate threat to the health or safety of others or the property, or serious damage that no accommodation can fix
- General information only: this is not legal advice, so consult a landlord-tenant attorney about any specific case
Tip #1 – Document the Hoarding
It doesn’t matter if you’re an individual owner, or a small management company, hoarding may constitute a breach of your lease. Document the hoarding in great detail (pictures, videos, dated notes) especially if the hoarding is potentially damaging your rental property or creating a genuine health or safety issue.
Tip #2 – Offer to Help the Tenant Get Back on Track
Although the natural inclination may be to evict the hoarder, the first thing you need to do is offer to help them clean up their rental property and get counseling for their hoarding behavior. Doing this will ensure that you don’t violate the Fair Housing Act and are taking every step possible to help the hoarder get their life back on track. In practice this means sitting down with the tenant, agreeing on the health and safety problems that actually need fixing, and setting a written timeline they sign off on — what fair housing guidance calls the interactive process.
Tip #3 – Give Them Notice
Let’s say that after you helped the hoarder clean up their rental property, then provided them with a referral to a licensed counselor in the area, they are still continuing with hoarding. The next thing to do is give them notice that they have to stop their hoarding or face eviction. Keep the focus on the legitimate health and safety issues rather than on achieving ideal housekeeping, because that distinction matters a great deal if a fair housing complaint is ever raised.
Tip #4 – Consult with An Attorney
Sadly, some hoarders might not remedy the situation and continue hoarding. In this case, it’s best to consult with an attorney about your rights and move forward with evicting the hoarder. Because hoarding is a protected disability, an attorney can also confirm that you have offered every reasonable accommodation the law expects before you file.
Most San Diego property management companies and landlords across California will agree that this is the best policy especially since long-term hoarding can potentially damage a rental property.
Frequently Asked Questions
Is hoarding a disability under the Fair Housing Act?
Often, yes. Hoarding is now recognized as a mental health condition in its own right, and that means it may count as a disability under the federal Fair Housing Act. Hoarding disorder was added to the DSM-5 in May 2013, and it can also qualify under the Americans with Disabilities Act and California’s Fair Employment and Housing Act.
Can you evict a hoarding tenant?
Not right away. You can no longer simply evict a hoarder the way you would for an ordinary lease violation. The first thing you need to do is consider a reasonable accommodation and give the tenant a real chance to remedy the situation. Termination is still possible when there is a clear, direct and immediate threat to the health or safety, or serious damage that no accommodation can fix.
What is a reasonable accommodation for a hoarding tenant?
A reasonable accommodation means offering the tenant extra time, a written remediation plan, or a referral to services before moving to evict. In practice it means sitting down with the tenant, agreeing on the health and safety problems that actually need fixing, and setting a written timeline they sign off on — what fair housing guidance calls the interactive process.
Get Property Management Here
For professional property management contact Utopia Management by calling us at (800) 294-4656 or connect with us online through our website.