Hoarding vs Standard Mess: When Can Landlords Legally Evict for Unsanitary Conditions

Learn the difference between hoarding and standard mess, and when landlords can legally evict tenants for unsanitary conditions under applicable laws.

As a landlord, you’re likely to encounter property management challenges like property damage, late rent, and disputes with tenants. However, amid all this, certain problematic situations arise that can lead to even greater headaches down the road. One such issue is dealing with a hoarder tenant.

Handling a tenant who struggles with hoarding is challenging, and if the landlord doesn't address the situation properly, it could lead to confrontations and legal issues. That’s why this article will define both hoarding and standard mess, identify what makes hoarding a complex issue, and, lastly, share several mistakes landlords should avoid when dealing with hoarding.

What Constitutes Hoarding vs Standard Mess?

Hoarding and standard mess often involve a lot of clutter and untidiness, so it’s easy to mistake them for each other. However, to legally evict a tenant for not cleaning, it’s essential to distinguish between the two. 

When a person collects too many things that serve no purpose and refuses to throw them away, they are likely hoarding. Hoarded goods may take up space in the kitchen, bedroom, bathroom, or any other part of the home and block the area from being used normally. Since hoarding can cause stress or arguments between family members, it can also prevent safe movement around the house.

A standard mess, on the other hand, is generally disorganized but can still be used for its intended purpose. For example, you can walk through it, use the room, and put things back in place easily. Although a standard mess is cluttered, it usually does not obstruct exits, cause pest problems, or create an ongoing struggle to organize or dispose of items.

A quick guideline is that if the space can be reset fairly quickly, it is usually a standard mess. If the clutter is chronic, unsafe, and tied to strong emotional resistance to discarding items, it is closer to hoarding.

The Complex Reality of Hoarding 

Why Landlords Cannot Simply Evict a Hoarder

Hoarding is often viewed as a mental illness or disability. As such, there must be no discrimination against a tenant with hoarding tendencies. Rather, a landlord should focus on whether the tenant's actions violate their lease agreement or pose a health or safety hazard.

Generally speaking, landlords will require a distinct legal basis to act on the matter, whether it is a lease violation, a nuisance, blocking exits, creating a fire or health hazard, or damage to property. Therefore, the problems must be framed in terms of unsafe conditions or breach of contract, and not solely as "hoarding." You can consult a Baltimore property manager to help you navigate local Maryland landlord-tenant laws.

When Should Landlords End Accommodation

If your tenant has not made any significant progress after receiving informal assistance, a written agreement, an extension, or other reasonable measures to address the problem, it is time for the landlord to begin taking formal action against them. 

The importance of progressing to formal action is particularly evident when the accumulation of rubbish is causing issues such as blocking fire escape routes, increasing fire hazards, providing habitat for vermin, creating mold, and damaging the property itself. 

When the accumulation of rubbish reaches the point where it can no longer be remedied without creating undue hardship on the landlord, or when it continually poses a danger to others, accommodation can no longer be required.

Crucial Mistakes Landlords Must Avoid 

1. Self-Help Evictions

Self-help eviction is a way to remove tenants without going through the court process. This can include changing locks, shutting off utility service, or disposing of the tenant's belongings.

Landlords cannot bypass legal eviction procedures, even when a tenant's hoarding poses a danger to themselves, others, property, or the premises. Generally, landlords must comply with the legal eviction process, which includes proper notice and a court order to vacate before a tenant can be physically removed. Engaging in unlawful means of evicting the tenant may expose a landlord to civil damages and, in some cases, criminal prosecution.

Landlords can protect themselves by implementing processes to provide written notice of violations and conduct documented inspections. They can also establish timelines for repairs or cleanup and proceed with a court-ordered eviction only if the tenant continues to fail to comply.

2. Retaliation

Actions that may be considered retaliation by a landlord can range from increasing rent and threatening eviction to reducing services or delaying repairs after receiving a tenant's complaint. In many jurisdictions, if an adverse action is taken against a tenant shortly after the tenant engages in a legally protected activity, the burden of proof shifts to the landlord to show that the action was taken for a legitimate reason. This is significant for hoarding cases because tenants often are in a vulnerable position to begin with, and a sudden hostile reaction by the landlord could worsen the rift between the parties.

Landlords should focus on using objective documentation, such as photographs, inspection reports, written notices, or clear evidence of lease violations. If the tenant's unit creates a safety or sanitation threat, the landlord's response should focus on those issues rather than on their emotional response to the tenant's behavior. In addition, if hoarding behavior may be related to a disability, the landlord should attempt to provide reasonable accommodation before resorting to punitive measures.

Final Thoughts

Regardless of the outcome, dealing with a hoarding issue can be challenging for a property owner. Because of this, it's important to regularly assess your home by conducting lawful and properly noticed inspections to ensure your renter is abiding by the terms of their lease and to identify any potential hoarding issues before they become serious. 

Through all of these, you must always be considerate and respectful of the renter, make reasonable modifications to help them resolve the problem, and ensure that neither the Fair Housing Act nor the terms of your lease are violated. 

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