evict tenant who accumulates waste

Can I evict my tenant for accumulating waste?

Ah, this question brings back some pretty horrible and ridiculous memories when of the last visit to your tenant. evict tenant accumulates trash?

You performed a routine inspection of your rental property, only to discover that the place had been converted into a storage facility for, well, absolute trash. The entire house was filled with trash, from cheap ceramic decorations to piles and piles of newspapers. Naturally, you were mortified and completely baffled.What are these piles of newspapers?

There were so many things piled up in the apartment that it was difficult to move through the rooms without brushing against or hitting something object.

What freaked you out was how your tenant was in perfect harmony with his environment. Meanwhile, you wonder why this person wasn't taken care of. The whole situation was just bizarre.

So, the million dollar question:

Can landlords evict tenants for clutter/accumulation of waste?

Obviously we are not a legal professional (i.e. a lawyer). It goes without saying that you should seek professional advice if you require legal assistance for your specific case .

Depending on the severity of your situation, the following are the most obvious measures that come to mind:

• End the rental early (mid-tenancy) by eviction
• Terminate the lease at the end of the fixed term
• Contact your town hall/social service/immediate family
• Offer your help to declutter, disinect andfull cleaning

We hope this blog post helps you determine what step(s) you may want to take!

Learn about tenants who clutter/accumulate waste (Diogenes syndrome)

In most cases, owners/management agencies discover that they have encountered a hoarder during a routine inspection, complaints from neighbors or following work in the building. In extreme cases –and that's when you know you have a serious problem on your hands – neighbors will complain because of unpleasant odors escape from the accommodation! And in situations where the tenant accumulates household waste, he does not take out his trasha cockroach infestation is guaranteed.

I suppose that reminds us how essential routine home inspections are! I know this can be a headache for self-managed owners, but don't let that deter you. Stick with them and be consistent. And if you use a management company, make sure that it actually carries out the inspections!

Evaluate the seriousness of the situation (i.e. the congestion in relation to the risks for health)

In these situations, it helps to be as objective as possible, because the reality is that we all have different standards. Who's to say you're not just anal?

Needless to say, this isn't exactly an easy situation to deal with; When you accuse someone of being a hoarder, you are essentially calling them dirty and insulting the way they live their life, so proceed with caution. Keep in mind that this can be an extremely sensitive issue, astheDiogenes syndrome/ accumulated waste can be the result of mental health issues.

I think the first thing to determine is whether we are just talking about clutter here or whether we are talking about a serial accumulator and safety issues. Someone who causes disorder is not necessarilydirty. For example, there is a difference between cluttering a property with inanimate objects calledsyllogomania syndromesyllogomanie and filling the home with unsanitary waste which can create real pest problems. The latter case is much more serious and worrying, and it may warrant a call to the local sanitation department for further investigation.

If we're talking about clutter, you might have trouble finding yourself rely on an eviction notice  to end the tenancy early (i.e. before the end of the fixed term). In fact, knowing how the legal system works and how it most often tends to favor tenants' rights, this could be a desperate and losing battle. So you may need to take care of this for now.

If this is a tenant who suffers from Diogenes syndrome and this raises security concerns, you may have better chances, but keep in mind that if there is resistance and refusal from the tenant, you will need evidence to support your case, which should not be difficult since Diogenes syndrome is very apparent. But even so, it could end up being a good old-fashioned back-and-forth, and it could last a long time!

Grounds for eviction that may apply to tenants who accumulate trash

Ultimately, I'm not going to decide for you whether or not you have an argument for terminating the tenancy early if your tenant is hoarding trash. But I will highlight the grounds for eviction that seem to make the most sense to use in this situation (if you were to continue).

Ground 1: The tenant violated one of the conditions listed in the rental agreement.

Reason 2: The tenant neglected or damaged the property, or he sublet the accommodation to another person who neglected or damaged your property.

Can you wait until the end of the fixed term to regain possession of your property (instead of an eviction during the rental)?

We understand. Nobody wants atenant who accumulates, even less one who uses your home as a waste storage dump. You want them out!

Overall, landlords just want tenants who pay their rent on time and take care of their belongings, while tenants want law-abiding landlords who provide safe and clean living conditions.

Problems arise when one or both parties fail to meet expectations; the situation can cause anxiety and stress, so it is usually best to address the problem as effectivelyas possible. 'Effectively' is the key word. possible. « Efficacement » est le mot clé.

In our view, I believe it will be extremely difficult to evict a tenant during a fixed term tenancy for simple encumbrance, unless there is has consequential signs of damage or health and safety concerns for the tenant. Regardless, it is not a pleasant situation to have a tenant who excessively clutters a house even if his habits do not present obvious dangers, because he does not really demonstrate good housekeeping practices and his addiction can easily spiral out of control (if it hasn't already). Unfortunately, people who clutter don't usually stop suddenly, they even continue afterwards. It's a scary thought.

If the problem is not too serious.

While waiting to find the best solution we must continue the inspections routine to monitor the situation (i.e. to see if Diogenes syndrome leads to unsanitary or dangerous situations).

Of course, some landlords might run into this as the tenant does not agree to clean and dispose of waste. Other tenants refuse to open the door for a housing visit, in these situations you have to ask their loved ones for help or make a report to the town hall unsanitary service.

If you cannot wait because you feel that the congestion/Diogenes syndrome is out of control and causing safety issues, then as stated, you should first contact the town hall in the environment and sanitation department to investigate more in depth, then decide how to progress according to their situations. A prefectural decree can be put in place which will allow you to carry out pest control,waste clearance andcleaning complet.

Who pays the bill for cleaning and removing the tenant's waste?

If you commit to cleaning and removing the waste from your tenant who accumulates a mountain of waste and bulky items the invoice can be paid:

• By the owner who can deduct from his SCI taxes or by tax credit
• The owner can also pay the service and carry out a deadline for the tenant
• The owner can also accompany the tenant to make a request for assistance from the social services of the municipality.
• For elderly tenants, full coverage of the invoice for the service by APA general advice of the department.

We can help you find a solution to help your tenant find clean accommodation. Remember,if you need cleaning and junk removal advice regarding problem tenants and/or evictions you can contact us