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Posts: 1
Reply with quote  #1 
A tenant in the home where I live has an extraordinarily cluttered/full (master) bedroom. This is her sole allotted living space- she is not permitted to store any of her personal belongings in the common areas of the house. The room is about 14'x14' with a Queen size bed in the center and a couple of bureaus/dressers against the walls. Unfortunately, you can barely see any of these because belongings have been piled on top and on the floor in front of/around these. The piles have reached about 4' in height along the full length of every wall, and leave only a 1' wide walkway around the bed/ into the small bathroom (which is just as cluttered). Most of these belongings are clothing items that have not been worn in years, or random bric-a-brac/old papers. The door cannot even open 90 degrees. She keeps several electronic appliances (lamps, alarm clock, electric blanket, tv, dvd player, small fan) plugged in constantly, but the outlets are inaccessible (I can't tell if they're blocked directly by the piled items or indirectly by furniture under the piles) It smells moldy and musty, and the tenant tries to cover the scent with excessive amounts of perfume and by wearing scented lotions, which only makes it worse. The scent permeates the house unless the windows are all open, and it can be detected outside when she has the bathroom vent fan on. Does this count as a fire hazard or a nuisance even though it's only one room in the house? She has verbally been told to clean it up multiple times to no avail. The owner doesn't want her in the house anyway, and he's asked her to leave multiple times within the last year (she wasn't supposed to stay this long, but there's no written agreement and it's been so long she seems to have taken the lack of insistence that she leave as implied consent to allow her to stay- she has flatly refused to move out in the more recent discussions).  If it comes to eviction (and it probably will), can the owner use the state of her room against her in addition to holding over (after correct notice has been served and expired)?

Posts: 156
Reply with quote  #2 
You can use the state of the room as a PART of the reason for eviction. You'd have to show that you've given them warnings, as well as enough time to clean up their mess. How long is/was her lease? If she's month-to-month, you can just give her a 30 day notice (or 60 in some states) and throw her out without needing to provide explanation about the clutter (lease is not being renewed... get out). Or, if she doesn't pay rent on time you can throw her out for that too.
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