For landlords, a cluttered apartment can be seen merely as a nuisance. However, when an apartment is so cluttered that it prevents tenants from using their exits, attracts pests, or conceals fire hazards, it presents a real hazard. The ability to recognize the differences between clutter and hazardous conditions is critical.
This guide will explain the reasonable accommodation rules and provide five basic steps for handling a hoarder tenant while protecting yourself and ensuring compliance with fair housing laws.
Difference between Clutter and Hazardous Conditions
The first step is to understand the difference between clutter and hazardous conditions, so you can act with the right amount of urgency. Here’s what you need to know:
Clutter
Clutter refers to excessive amounts of personal belongings that create cluttered spaces (i.e., disorganized areas); however, it does NOT restrict exit paths, ignite fires, or attract rodents. Therefore, it is a “cleanliness” issue rather than a safety-related code violation. In many cases, clutter issues are related to individual lifestyles or preferences.
Hazardous Conditions
Hazardous situations occur when the accumulation affects exit routes, creates a fire hazard, attracts pests, or harms the structure. These are code infractions that require prompt correction to avoid harm or death.
The Key Difference
Safety is the major difference. Unlike late payments, hoarding does not constitute a violation of your lease unless it constitutes a fire hazard, obstructs exits, or is unsanitary. If hoarding is due to a disability (it often is), you cannot evict someone simply because their house is cluttered.
Only act on “Code Violations” which are specific, measurable, observable, and objective. Document and take action against all hazards: blocked egress, combustible materials that present a fire hazard, and rodent infestation. Clutter should be addressed through a clean-up plan.
What is the Reasonable Accommodation Rule?
A disabled tenant, including one with a hoarding disorder, is entitled to a Reasonable Accommodation under the Fair Housing Act. This includes a modification of the terms of your lease or policy that allows them an equal opportunity to use and enjoy their dwelling.
The law does not require you to make such accommodations if they will impose an “undue financial and administrative” burden upon you, nor do they need to be made as long as they alter the fundamental nature of how your operation works.
For hoarding disorders, this would mean delaying an eviction due to clutter while providing a longer time frame for a caseworker to help the tenant address hoarding-related issues. In conjunction with the extended timeline, you will agree with the tenant on a cleaning schedule and conduct periodic inspections to ensure the tenant complies.
If, however, there is an immediate danger to health & safety (e.g., obstructed fire escape routes or unclean living conditions), you may refuse to accommodate the tenant’s needs, take immediate action, and document all events surrounding the situation.
5 Practical Steps for Handling a Hoarder Tenant
You have identified an actual hazardous condition. You now have an obligation to develop a safe, legal plan to address the hazardous condition. Learning what to do if tenant is a hoarder allows landlords to document concerns properly.
To protect yourself from being charged with violating fair housing laws, follow these 5 steps:
1. Document the Hazardous Conditions Objectively
Document each item by taking dated photographs of the safety hazards in question, such as blocked exits; combustible materials such as cardboard boxes; pests; or rotted food. Write a factual report detailing only the hazards found, which means avoiding using terms that are subjective, such as “clutter” or “mess.”
Your documentation will support your actions taken under your Lease Agreement and help defend against any potential claims by the tenant seeking reasonable accommodations in the future.
2. Initiate a Private, Respectful Conversation
Request a meeting to address your issues of concern, rather than judgment. Discuss the lease violations & safety concerns specifically cited in the documentation. Determine whether the tenant requires additional support or reasonable housing. Often, a kind & discreet approach will allow for continued dialogue & cooperation, while a confrontational tone may lead to instant resistance & delay.
3. Offer a Reasonable Accommodation If Requested
If the tenant identifies that they have Hoarding Disorder and requests additional time or access to their caseworker, you typically need to stop the eviction. Engage in an Interactive Process: Set a reasonable time frame for the tenant’s compliance, connect the tenant to appropriate Social Services if possible, and schedule follow-up inspections. Document all agreements in writing to provide clarity.
4. Create a Written Compliance Plan with Deadlines
Create a detailed, non-deterrent written contract outlining:
- What must be cleaned and by when
- How cleanable conditions are defined
- When follow-up inspections are to occurÂ
The above will serve as your roadmap for enforcement. If the tenant does not identify a need for accommodation, send a cure-or-quit notice citing specific lease violations which objectively pose hazards, and do not cite the clutter.
5. Follow Up, Inspect, and Enforce Consistently
Document the agreed-upon inspections with photos and notes, acknowledge positive changes if progress has been achieved. As deadlines expire without improvements & accommodations have not been identified, file the eviction based only on the documentation of lease violations. Consistent application of this policy will protect against potential discrimination claims and help keep expectations clearly defined.
Conclusion
Managing a hoarding tenant involves striking a balance among safety, compassion for the tenant, and legal requirements. Documented hazards are what to be concerned with, not just the clutter itself. If the tenant has a disability, it will trigger the obligation to participate in the interactive process for accommodations.
Create a written compliance plan and perform regular follow-up inspections. To make this easier, you can discuss with Bay Property Management Group to have a clear guidance on what to do if tenant is a hoarder.
Remember to document anything as this is your best protection against claims. Be as consistent as possible and respectful at all times. Consider consulting an attorney if needed.
