Can you evict a tenant for hoarding

When you have tried everything, the best solution may be to evict the tenant. There are also other routes you can take for getting your tenant to move out. Always keep the Fair Housing Act and your state laws in mind and be careful when handling the issue. Consider these common lease violations:.

Jaleesa Bustamante. What is Hoarding? Since hoarding disorder is a protected disability, you cannot simply evict someone for being a hoarder. Your tenant may request accommodations for their disability, however, this does not mean you must allow the hoarding situation to continue.

You can agree to a clean-up plan, for example. Usually, lawyers advise that you not bring up accommodations with someone with a disability, suggesting instead you wait for them to address the issue with you. Johnson of A. Johnson Consulting Services. Johnson further advises that, if you are in doubt as to whether you are witnessing a hoarding situation or simply poor housekeeping, that you consult a social service or fair housing department.

In Massachusetts, you might try the tenancy preservation program TPP. The tenancy preservation program exists to help tenants who are facing eviction for many reasons, however, we were unable to reach anyone to discuss hoarding specifically before press time.

Generally TPP is only accessible to a renter after you as the landlord have filed a for cause eviction e. A reasonable accommodation for someone with hoarding disorder does not mean that health and safety standards should be disregarded. Such standards must still be met even in the face of a disability. A typical accommodation, then, for hoarders might be an extension of time to get help for their illness and start the cleaning out process.

A schedule of inspections can be made as well. Documenting all issues is important, as is having a clear plan of action for fixing the specific cause violations. Set goals and timelines and stick to them. Hoarding is a mental disorder and, like many mental illnesses, can take a long time to get control of.

Sometimes people never recover. It is never okay to evict someone because of their mental illness. Doing so can set you up for discrimination lawsuits. That said, when you find yourself in a situation where health and safety are at risk, it may be time to terminate the tenancy. Instead of starting the eviction process for an illegal reason e. If your tenant truly suffers from hoarding disorder to the point where you are concerned for the wellbeing of your tenant, property, or adjacent neighbors, this should not be hard to do.

Multiple animals may violate the lease, either because the lease allows for no animals at all, or a limited number. Even emotional support animals should have written permission to be in the rental unit. If exits are blocked, this poses a fire hazard, which is a safety issue.

If your tenant is hoarding dangerous items such as explosives , you may have recourse there. If your tenant is damaging the property, that may be another avenue to explore. If none of those seem to apply, the MassLandlords rental agreement has a clause requiring the renter to keep the premises in a clean and sanitary condition.

An advanced hoarding disability will violate this clause. Remember: a termination notice for hoarding will not list the disability i. Also, you are unlikely to be qualified to render such a diagnosis. A termination notice will list the specific violation of the rental agreement e. Once in court, you will hope TPP can help your renter, correct the lease violations, and get your case dismissed.

The goal with a hoarding eviction is to correct the negative impact of a hoarding disability, not to remove the renter living with that disability. Offer Help Offer the hoarder professional counseling and clean-up.

Give Notice Put the tenant on notice and give them the opportunity to remedy the situation. Get Legal Advice Consult with legal counsel if the conditions do not change. Access to timely real estate stock ideas and Top Ten recommendations. Learn More. Hoarding could result in property damage and compromise other tenants' wellbeing. Here's how to handle it as a landlord. Real estate has long been the go-to investment for those looking to build long-term wealth for generations. Let us help you navigate this asset class by signing up for our comprehensive real estate investing guide.

People often joke about their hoarding tendencies -- keeping old clothing that hasn't fit in years or retaining already read books for boring, rainy days. But while many people use the term casually, hoarding is actually a serious mental disorder that has serious health and social implications.

And renting to a tenant who's a hoarder could seriously affect you as a landlord. If you discover that you have a tenant who's a hoarder, it's important to take action while also following the law.

And while a hoarding eviction may eventually be your best bet in this scenario, there are other steps you can take first. Here, let's walk through what to do if you're convinced you have a hoarding tenant on your hands. There's a difference between clutter and hoarding. With the former, there may be messy buildup and piles in odd places, but the home in question is still livable, sanitary, and safe. In hoarding situations, your tenant's rental unit may be so filled to capacity that there's no room to walk and it's difficult to breathe.

It's these dangerous, unsanitary conditions that should prompt you to take action as a landlord -- whereas if you have sloppy or dirty tenants, there's not much to do other than ignore them.