State Specific Question About: NEW HAMPSHIRE (NH)

What are my rights when I find a filthy unit?

I was asked to go into a unit last night to fix a toilet for a single elderly man that's been there for 10 years. The filth was the worst I've seen in over 50 years of landlording multiple apartments. When he moved in 10 yrs ago the unit was adorable and prestine.

It's not just that it's dirty, the floors are ruined becasue they haven't been washed in 10 years, the cabinets are ruined becasue he never picks up spills and food is just caked on, Tooth paste and spit has clogged every part of the bathroom sink like cement where you can't even turn the faucets off and on. Every inch of this unit is a gut job.

I gave him 30 days to clean it up bu,t I'm not sure I'm in my rights.

Not much you can do other than to suggest a local agency that helps seniors. We had a similar case only an HVAC customer. We sometimes do cleanings and repairs for low income people via the state program here called "HEAP" (insert joke here).

Filthy people over a time frame. That's a tough problem. Our experience is they start out OK. Then something snaps and the place starts going down hill. The decision is or question is they've been there 3 years and the place needs rehab. How much more damage can be done. If it's an older property that is in need of rehab-- why not just ride it out? They've trashed it already-- so just sit back and collect? Much to consider. If it's caught early MAYBE you can turn it around with some threats of eviction if it's not cleaned up. Even if cleaned up they may and probable will relapse. Is your tenant collectable for damages is another consideration.

The courts are another thing. Pretty hard to evict for being dirty. Kind of a he said she said especially if they have a lease that's not expired.

We don't renew leases of dirty people. We will go month to month.

Fire your Property Manager

for failure to properly manage.

You got what you allowed, to go unchecked, for years.

Donate it to your local Fire Department

for a practice burn.

This is why I do quarterly inspections. It would be best to stop things in their tracks early.

Furnace filters need changing regularly, and tenants don't do that, even if you leave the filters. Furnace needs a tune-up annually, and property manager ( me) goes in with technician so I can hear/ see what technician has to say about the HVAC system, and I don't ever have tradespersons go in a property without me so there isn't ever any accusations of impropriety. Protects both my tradespersons and the tenants. But, I digress.

Tenant has already damaged the unit ( though, unless there is moisture, it probably can be cleaned) but tenant still pays regularly. I'd add regular maintenance to the home, checking for leaks ( that's on you for not checking, tenants don't often notice when a sink is leaking underneath) checking up on electrical system, checking doors, locks, windows for proper function. Each visit gives you an opportunity to speak with tenant, give hime encouragement, and give him directions on what needs to be cleaned by next visit.

Tenant is depressed, and depression goes with heart disease. It may get worse for awhile after his surgery, but, it should get better as his heart heals.

Tenant 'didn't want to be a bother' so wasn't bugging you. Not going in to the unit regularly is on you, but, I think you could still turn this around. Of course, I haven't seen the unit, but I tend to be optimistic. And, you have had a lot to deal with yourself during this timeframe. My heart aches for you over the loss of your husband. That is so terrible. My husband isn't involved in my rentals, but he is my rock, my anchor; I would be devastated. I am so sorry.

"No, there's been no reason."

Surely you know the reason now?!

In this case, I would wait it out.

1. It is not a multi-unit, therefore, any smell or pests should not affect anyone else

2. It requires a full re-hab, and now you know to start planning for it - but you don't need to rush into it.

3. He made the mess and does not mind living in it, while paying rent on time - let him continue to until YOU are ready to do the rehab

4. He's elderly and in poor health. This situation won't last forever, maybe not much longer. Use the time to save up & plan for what you want to do with the property when he is gone.

I had a situation VERY similar to this when I bought an occupied house years ago.

It was already bad & smoked-in. I took care of safety issues only & collected rent for years before it was finally vacated, rehabbed & sold for a profit.

One thing that I HIGHLY, STRONGLY recommend you do NOW is to get from him as many contacts as possible. Get all their contact information, and.....HERE IS THE IMPORTANT PART: have him sign a document stating that any one or all of these people have his permission to take care of all of his obligations with you if he should become incapacitated or institutionalized.

Then contact these people to confirm you have the correct contact information and that they are willing and able to perform in this capacity. Make a note as to who is most likely to be helpful.

Now, when he dies or ends u in a nursing home, you can efficiently get possession of your property & move forward.

The contact person(s) will clear it out (or pay you to), give possession back to you without going to court, settle with you the money owed to restore it to the condition it was in at the time of possession (If you have proof), and receive the final deposit statement from you, etc.

Try to find out which of these epee is likely to be the executor of his estate, if there is any. You will be billing the estate.

To those of you who do periodic inspections, do you word the notice as "inspection" or something else? What do you look for on those inspections?

If you find that things are not being kept up as they should (dirty stove top/oven, flooring that hasn't been washed, etcP), what do you say? How do you handle it?

I have a tenant whose parents live next door to her. This was my first property and I lived there for 10 years prior to moving out. Because of this, I need to tread lightly. I have been in the unit on different occasions and found the cooktop on the stove dirty (spillage not cleaned up), I can tell the kitchen floor has not been washed, and last week I had to go in for something and there were 3 scooters in the living room on the hardwood floor. She did have them on a cloth, but there were still marks on the floor. For the most part, things are kept up, but I have noticed these things, and they bother me.

@Marcia - just call it a quarterly maintenance visit and send them an email a couple days before you go. You don't ask, you tell them that is going to happen, and then you do it.

While you are there if you notice they haven't cut the grass, are parking in the grass, have an old frig on the porch, are hoarding, have a swimming pool in the back yard, or any other lease violations, you send them an email and mail them a notice to correct the errors of their ways. Easy peasy.

Hi Tenant XYZ,

Once again it is time for our quarterly maintenance. You are hereby notified that between the hours of 9:00 AM and 11:00 AM on Saturday September 30, 2023; the Manager intends to enter the premises which you hold and occupy. They should need to stay approximately 15 minutes.

The purpose of this visit is as follows:

þ Quarterly Maintenance – Air & Water filter change, Smoke Detector tests

You are not required to be on the premises to provide access. We will make every effort not to surprise you. We will text the cell phone that we have on file 5-10 minutes before we arrive. We will knock and ring the doorbell. If we determine that no one is available, we will enter using a passkey and loudly say “LANDLORD”. If any issues arise that will prevent us from arriving in the above time window, we will call you.

This is intended to be a reasonable notice of at least twenty-four (24) hours per the lease.

This Notice was sent to your email address that we have on file. If you have any maintenance issues, please let us know. Thank you!

@Marcia

Send them something like this

Dear Tenant,

The following discrepancies were noted:

q Yard not mowed. If you are unable, yard care can be added to your lease

q Unauthorized pet. Lease states $300 fine per pet

q Unauthorized people in residence. Lease states $300 fine per person

q Cars parked on the grass / Car tracks in the yard $50 per track

q Extra vehicles parked at property or unlicensed or inoperative vehicles

q Trash, toys, “stuff” accumulating outside or on balcony or porch

q Pet damage to property

q Damage to property which is your responsibility to repair

q Loud noise - music, TV, voices, car engines, etc.

q Unit needs to be cleaned (filth leads to bugs and rodents)

q Windows: only blinds are to be viable from street. No blankets, flags, posters, broken windows, or broken blinds

q Flammable objects near house

q Other violation of rental agreement

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please correct the above before 5:00 PM on ___________________ as we will check to see if these items have been corrected.

SMORRIS: Stellar options here. I don't know about you, but I'm at the stage where less is more. If the pristine cottage has seen such better days that a rehab is in order, how many times do you want to do that job or have it done?

Going forward, you need to be inside your units minimum once a year. I go in every two or three months when they first move in and then go from there. I loved collecting rent in person years ago ... I sat at everyone's kitchen table once a month so I saw the condition of the unit and the "condition" of their lives. I had lower end units at the time.

S,

I’ve dealt with many hoarders. It is a mental illness in 15% of people.

He will not clean an ounce so don’t waste your breath. He can’t. It’s not in his brain. I have had residents’ children tsken away and they STILL did not lift a finger to clean and get their kids back.

You have 2 choices:

Kick him out and spend THOUSANDS cleaning and repairing

OR

Consider the damage is done. Make the mechanicals function so you don’t get in trouble and let him stay.

Don’t be surprised the furnace and drains don’t work, utils are off.

Keep us posted.

My last hoarder lost her kids. Her solution was to buy a house (mom funded I'm sure) and move, leaving it all for me.

I drive by her new place. You can see the stacks of junk on the enclosed porch. She has one of those welcome signs that they lean against the house. One of her little angels already spray painted one of the letter on it. Made me smile.

She was the last of my dirty tenants. Better screening and more visits now.

I have two family members that are hoarders. One is beyond help. The other is just getting into it so we work with them to stave it.