Storing an abundance of personal property in the rental unit is not uncommon, but we strongly suggest that our clients not describe these occurrences as “hoarding”. Please be advised as follows:
The American Psychiatric Association states that hoarding is now categorized as a mental health disorder. It is now a disability to be a hoarder, and is considered to be caused by a mental impairment. This impairment is supported as something that greatly limits at least one or more of a person’s major life activities.
What impact does this have on landlords and property owners? Be careful with your words. Drop “hoarder” from your property management vocabulary. That’s because hoarders are protected under the federal Fair Housing Act.
When considering a case for eviction based on these types of situations, there are other, non-discriminatory ways to describe the conduct legally.
Lease violations include:
- Direct damage to the property
- Possible blockage of emergency exits
- Interference with sprinkler or ventilation systems
- Storage of potentially explosive or flammable materials
- Accumulating perishable items in a manner that could attract rodents or induce mold
- Inability for the management companies maintenance technicians and/or other vendors from gaining reasonable access to the premises for repairs or other matters
The tenant’s unlawful storage of excessive personal property in the rental unit is akin to the tenant’s failure to maintain the unit in a clean and sanitary condition. Both are independent but related lease violations.
If you have something like this occurring in one of your units, please call or email us! Attorney Ted Smith will walk you through any situation. Ted has been proudly serving San Diego county landlords for more than 35 years.