How to handle instances of tenant hoarding


BY DANIEL BORNSTEIN, ESQ.

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Maintaining the rental unit is a dual responsibility.

Clearly, landlords have numerous responsibilities to provide a safe, sanitary and secure dwelling. Furnishing adequate and safe heating, effective weatherproofing, plumbing and gas facilities, maintained stairs and common areas, and vermin-free common areas encompass some of these many obligations. The owner’s duty to provide a habitable dwelling is known as the warranty of habitability and is implied in every residential lease agreement throughout California. Yet tenants have responsibilities of their own.

While we have always urged rental property owners to communicate frankly with tenants at the first sign of violations, there is a greater urgency to address hoarding issues openly and early, given the collateral damages that can spill over to other units.

California Civil Code § 1941.2 requires tenants to keep their units “clean and sanitary”, including disposing of garbage properly, cleaning their plumbing and utility fixtures, and not otherwise damaging the property or using the premises in an unintended way.
When the tenant goes beyond clutter and disorganization and blocks emergency exits or doorways, interferes with ventilation or sprinkler systems, attracts pests through improper food storage and the like, it creates a hazard for others and thus, is normally a violation of the lease.