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Re: tenant is a hoarder
by jannie (IL)
on July 3, 2015 @09:47
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Since the lease ends in August, why would I as a LL even want to deal with the situation. I would have given the person notice of non-renewal and been done with the situation. I may have to evict, but at least I have put them on notice they were not going to be able to stay.
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Re: tenant is a hoarder
by MrDan (Georgia)
on July 3, 2015 @11:58
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That seems like the thing to do, but it's a violation of the Fair Housing Act and falls under the definition of retaliation.
"A [landlord] cannot otherwise made unavailable or denied a dwelling to tenant because of his disabilities in violation of 42 U.S.C. §3604(f)(1)(B)". (State Fair Housing laws also may apply)
If you have a tenant who is perceived as being a 'Hoarder' the landlord is required to first offer an accommodation to the tenant to remedy the situation, and only after a reasonable time period, may the landlord cautiously proceed with an eviction if the disabled tenant fails to remedy the hoarding to meet health and safety standards.
American Psychiatric Association has defined 'Hoarding' as a disability and covered under the Fair Housing Act.
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Re: tenant is a hoarder
by jannie (IL)
on July 3, 2015 @12:34
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I find this interesting. Because I perceive the tenant has a disability I can not chose to not renew the lease. However, if I don't perceive they have a disability I suppose I could decide to not renew their lease. However, If I am not a phychiatrist (sp)how am I sure that they have a problem - I have met people to keep everything and nearly up to the ceiling. Is it a problem - not for me they own the property, I don't.
In this case, if I wanted to update my property I am stuck and will have to to through an eviction process.
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