A hoarder as a tenant?

Stories about so-called "hoarder apartments" are appearing more and more frequently in the media, and lawsuits from landlords are repeatedly ending up in court. How and under what conditions can a landlord terminate a hoarder's lease?

Hoarding disorder is based on a psychological condition. It's not malicious intent that leads so-called hoarders to compulsively accumulate more or less worthless junk like old newspapers or books, tools, packaging materials, toys, spare parts, or old clothes in their homes: those affected are usually unable to assess the true value of these items and to distinguish between useful and useless ones. It becomes problematic, especially for landlords, when these items begin to "live" or mold, for example, because they contain food residue.

But what recourse does the landlord have to end this nightmare? Can he terminate the lease of a hoarder without notice due to the neglect of the apartment entrusted to him?

It's not at all easy to get rid of a messy tenant, because in principle, they can keep as many things as they like in their apartment. However, the line is crossed when the neglect of the apartment leads to infestations of vermin and the amount of trash reaches such massive proportions that the building's structure is endangered. This results in considerable costs for the landlord. Furthermore, if the hoarder's lifestyle bothers other residents of the building, for example, through unpleasant odors emanating from the apartment, the hoarder is in breach of contract.

“If the landlord notices that the tenant is neglecting the apartment, they should address this issue personally,” advises lawyer Dr. Carsten Brückner, chairman of the property owners' association Haus & Grund Berlin. If there is reasonable suspicion that the tenant is a hoarder, such as due to unpleasant odors or pest infestations, the landlord may, after giving prior notice, insist on an inspection of the apartment.

If the suspicion is confirmed and a personal conversation fails to bring about a change in behavior, the landlord can issue a written warning to the tenant, demanding that the tenant remove the accumulated trash within a specified timeframe. If the tenant ignores the warning (which is likely, as hoarders tend to keep letters unopened), the landlord can terminate the lease without notice, citing the endangerment of the property due to the tenant's lack of care (§ 543 of the German Civil Code).

If the tenant does not object to the termination and also fails to move out within the given period (usually 14 days), the landlord's only recourse is legal action in the form of an eviction lawsuit at the competent local court. It is advisable to provide evidence for this, such as a record of the apartment inspection. Any complaints from other tenants should also be documented in writing.

Only once the judgment is legally binding can the apartment be cleared out. Unfortunately, the landlord must expect to be stuck with the costs of the eviction if the tenant refuses or is unable to pay. Getting rid of a hoarder tenant can therefore be a very troublesome and expensive process.

How can landlords protect themselves from hoarders or rent dodgers?

Ask to see a reference letter or a certificate confirming the previous tenant has no outstanding rent payments, as tenants with hoarding tend to pay their rent irregularly. To secure access to the security deposit, agree on a cash or bank transfer payment before signing the lease, rather than a bank guarantee.

Sources: imr-online.de: Münster Regional Court, Judgment of September 16, 2020 – 1 S 53/20, ratgeber.immobilienwelt.de, mietrecht.com, dejure.org