Landlord's Duties and Tenant's Privileges in Hoarding Cases: Legal Obligations and Entitlements
In the world of residential rentals, dealing with hoarding tenants can present unique challenges. Hoarding, a mental disorder that affects a significant portion of the population, can cause damage to property and make it unsafe for repair technicians to navigate the house. However, evicting tenants for hoarding may not be the most compassionate or effective approach.
To provide compassionate support to hoarding tenants while protecting property and ensuring safety, best practices in a residential rental setting include:
- Communicate respectfully and empathetically: Approach tenants with hoarding issues carefully, acknowledging hoarding as a complex behavioral and sometimes disability-related issue. Build trust before taking enforcement actions.
- Offer resources and reasonable accommodations: Connect tenants to professional hoarding cleaning services and mental health resources. Be open to reasonable accommodations under laws such as the Fair Housing Act to assist them in managing their condition safely.
- Conduct thorough property assessments sensitively: Document clutter and problem areas clearly during walkthroughs without escalating the tenant or triggering confrontations. Identify safety hazards early, such as fire risks or structural damage, which must be addressed.
- Involve family and appropriate authorities if needed: Contacting the tenant’s family, local health, or safety officials (fire marshal, building inspector, health department) can help ensure the tenant’s wellbeing and community safety, especially if the hoarding presents immediate dangers.
- Follow legal protocols for abandoned property and eviction carefully: If a tenant leaves or eviction becomes necessary, landlords must document and store abandoned possessions safely for the legally mandated period, communicate clearly with tenants, and dispose of items legally and respectfully, donating reusable goods when possible.
- Avoid entering the unit or clearing it without permission: Forced cleanouts against the tenant’s will can lead to legal liability. Instead, work collaboratively over time to help tenants maintain a safer environment.
- Keep detailed records and consult legal counsel: Documentation of communications, inspections, accommodations offered, and any actions taken is essential to comply with fair housing laws and protect against claims or violations.
In addition to these practices, offering to hire cleaners when the tenant is out of the house or asking their support network to help with a cleaning day can be beneficial. Asking the tenant if they have a support network to help with decluttering can also be helpful. Providing resources to tenants, such as Fair Housing options or other low-rent listings, can help them obtain a new place if the hoarding issue becomes too severe.
Lastly, it's important to ask the tenant if they see how their current situation can be dangerous for visitors and repair technicians. This conversation, approached with empathy, kindness, and grace, can help the tenant understand the need for action and work towards a safer living environment.
As providers of housing, landlords should take every opportunity to meet their tenants where they are and provide compassionate support. By following these best practices, landlords can help their tenants manage their hoarding issues while maintaining a safe and habitable property.
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