Have you ever walked into a home and felt like the walls were caving in on you? Then, it felt like we should have been doing more regular inspections! It could be because the owners had too much stuff crammed into a tiny space.
Unfortunately, you can’t just show up with a dumpster or call it a trashout! So, what do you do about a hoarder living in your building?
Most landlords, property managers, and homeowners’ associations tread lightly regarding hoarding. They want to respect a resident’s space and belongings (of course). After all, there’s usually a thin line between being messy, sloppy, or mucky and being an actual “hoarder””
Yet that doesn’t mean you should kick the can down the road. At best, hoarders can be an annoyance to other residents. At worst, hoarders can compromise a property’s safety, sanitary, and security.
Here are seven tips for handling a hoarder at your property.
1. Proceed with caution. What most people don’t realize is that hoarding isn’t just an annoying behaviour—hoarding has been classified as a mental disorder. It’s deemed a subtype of obsessive-compulsive disorder (OCD) that’s marked by excessive acquisition of worthless items. Since the American Psychiatric Association has officially recognized hoarding, it means that hoarding qualifies as a disability under federal and state anti-discrimination laws –and thus, hoarders are safeguarded under the federal Fair Housing Act. Landlords, property managers and HOAs must make suitable accommodations for hoarders before evaluating eviction (more on that to come).
2. Understand each party’s responsibilities. In most states, the landlord is responsible for furnishing a habitable dwelling. This duty is often called the “warranty of habitability” and is boilerplate in nearly every standard lease agreement. In exchange, most states mandate that residents keep their units “clean and sanitary”. If someone’s hoarding interrupts either party’s ability to carry out their duties, it’s time to act.
3. Define what is messy vs. hoarding. As a general rule of thumb, we deem a person “hoarding” if their behaviour goes past clutter, blocks emergency exits or doorways, interferes with ventilation or sprinkler systems, lures bed bugs or pests through improper food storage, or forms hazards for other residents.
4. Contact the suspected hoarder as soon as possible. If you suspect a person is hoarding, contact that resident ASAP before the situation becomes more conspicuous. Remind them of their lease commitments to keep the unit clean, sanitary, and clutter-free. Perhaps there’s an explanation for the clutter. Maybe someone is preparing to move. The resident may temporarily house furniture and other items for their parents while their parents’ home is renovating. There may be a legitimate explanation for the clutter; hopefully, it can be expeditiously resolved before it becomes a more significant issue.
5. Offer help. Evaluate ways that you might be able to help your resident hoarder. Is there an extra storage space in a garage that they could lease? Do you have an agreement with a local storage facility that could offer them a discounted storage unit? Sometimes, you can do nothing to help – but if extending a helping hand to resolve the issue seems feasible, offer that carrot before reaching for the stick.
6. Document everything. In a worst-case scenario, you might have to evict a resident (more on that below). You want to start readying for the possibility now. Begin to document everything. Take pictures, videos, and notes that record the property’s condition. Keep journals of all communication between you and the problem resident. You’ll want to maintain these records if an eviction becomes necessary.
7. Commencing eviction proceedings. Nobody enjoys evicting a resident. However, eviction is usually the last line of defence for landlords, property managers, and HOAs. You’ll want to use all of the records you’ve compiled to show the court that you’ve tried everything possible to accommodate the resident before the eviction became necessary. If an eviction is required, confer with your regional property manager and real estate attorney. Evictions can be a handful (and, worse, expensive), so you’ll want to follow guidelines to a tee.
There’s no bullet-proof strategy to sidestep hoarding. However, usually, one of the best precautions is screening residents closely before signing a lease. Filter well to minimize the risk of hoarders taking over your property – a headache any property manager will want to avoid, if possible. Dealing with a squatter is an entirely different situation.
National Doorstep Pickup does not provide legal or operational advice. This post has been drafted for informational purposes only, is not intended to provide, and should not be relied on for legal or operational advice. You should consult your legal and senior leaders before considering any actions.