Hoarding houses, where garbage overflows inside and even outside, have become a social problem in recent years. This issue can occur not only in standalone homes but also in apartments. If one of the units in your rental property becomes a hoarding house, how should you handle it?
In this article, we will explain in detail why hoarding houses occur, the risks they pose, and how to evict tenants who are the cause of the problem.
We will also cover what landlords can and cannot do, as well as the proper steps to take, so whether you are already dealing with a hoarding house issue or simply want to be prepared, please read to the end.
Hoarding Houses Are a Problem in Many Municipalities
It is not uncommon for a landlord to rush to the scene after receiving a complaint from another tenant saying "there's a foul smell coming from the next unit" or "garbage is overflowing into the hallway," only to find that one of the apartments has become a hoarding house.
Furthermore, this is a problem that can occur not only in urban areas but also in rural communities.
According to a report released by the Ministry of Land, Infrastructure, Transport and Tourism in 2009, 250 municipalities across Japan reported the occurrence of hoarding houses.
Hoarding houses are a serious issue prevalent in many municipalities.
However, this report was based on a survey targeting single-family homes, so apartments and condominiums were not included in the study.
It is said that the number of hoarding apartments and condominiums is considerably higher than that of standalone homes.
Inside a hoarding house, garbage overflows to the point where the floor is not visible, and the kitchen and bathroom are often in an unusable state. In severe cases, insects may infest the unit and the flooring may have rotted.
It is not at all uncommon for one unit in a rental property to become a hoarding house.
Why Do Hoarding Houses Develop?
So why do hoarding houses occur in the first place?
Here, we introduce the reasons why some people end up living in hoarding conditions.
Excessive Shopping
When someone loves to shop and purchases more than they need, the result is an accumulation of belongings that can eventually lead to hoarding.
People who love bargains or who use shopping as a stress reliever need to be especially careful.
Thinking "it's better to buy it now while it's a good deal," they stock up even when they still have supplies at home, and eventually things overflow beyond available storage space.
Moreover, when items pile up and people can no longer keep track of where things are stored, they tend to buy duplicates, creating a vicious cycle.
Some avid shoppers develop a shopping addiction where they feel unsettled if they don't buy something.
Shopping addiction occurs when the brain releases dopamine—a pleasure chemical—each time a purchase is made.
Repeating this process makes it impossible to control the impulse to buy.
Once someone becomes addicted to shopping, they are unable to resist the urge to buy, inevitably causing their home to fill up with possessions.
Inability to Throw Things Away
The "mottainai" (wasteful) spirit is considered a Japanese virtue, but taken to an extreme, it can lead to an inability to discard things, resulting in a hoarding situation.
Even if others say something is garbage, the person themselves may perceive it as valuable—"it can still be used" or "I might need it someday"—and cannot bring themselves to throw it away.
By repeating this behavior, things accumulate more and more, eventually turning into a hoarding house.
People who cannot throw things away due to a "mottainai" mentality are often those who lived in poverty during childhood or who rarely received the things they wanted.
No Time to Clean Up
Some people want to clean up but keep putting it off due to household chores, work, or childcare, and by the time they realize it, garbage and clutter have piled up so much that the situation has become a hoarding house.
In these cases, once garbage accumulates too much, even the person themselves often doesn't know where to begin.
Since the person does want to clean up, having a professional service come in to clear everything out may resolve the issue.
Irregular Lifestyle and Inability to Take Out the Garbage
For those who work at night or have irregular schedules, it can be difficult to take out the garbage during collection times, causing it to pile up and eventually leading to a hoarding situation.
Buildings with 24-hour garbage disposal facilities are not a concern, but otherwise, it is quite difficult to take out the garbage at the designated times.
No One to Point Out the Problem
Even if garbage is piling up, the person may perceive it as "just a little cluttered."
If someone were to point out that the situation is abnormal, things might improve, but without that, the person cannot recognize the problem on their own, and the hoarding gradually worsens.
This situation is often seen among people who live alone and rarely invite family or friends to their home.
Some people who have little human contact outside of work feel lonely, and they hoard items to fill that emotional void.
Mental Illness
Among people living in hoarding houses, a significant number suffer from mental illness. Depression or grief from losing a loved one can make it impossible to clean up.
If someone lacks the energy to clean even when the environment is unpleasant due to insects or odors, there is a possibility that a mental illness is the underlying cause.
Developmental disorders can also be a contributing factor, so if mental health issues make cleaning difficult, seeking professional medical consultation is recommended.
Possible Dementia
Dementia is a condition in which cognitive function declines due to various causes, interfering with daily life.
While it is commonly seen in elderly individuals, as dementia progresses, a person may repeatedly buy the same things or be unable to take out the garbage, causing it to accumulate inside the home.
Living with family or receiving home care services can help prevent this.
However, for those living alone with limited social interaction, the person may not even recognize that they are hoarding, making it difficult to resolve the problem.
Risks That Can Arise When an Apartment Becomes a Hoarding House
What risks can arise if one unit in your rental property becomes a hoarding house?
Here, we introduce the risks associated with a unit becoming a hoarding house.
Pest Infestation
When garbage accumulates throughout a room, the risk of pest infestation—such as cockroaches and fruit flies—increases significantly.
Most hoarding houses are filled with food containers such as convenience store bento boxes, instant noodle cups, and plastic bottles that are left without being properly disposed of.
A place with abundant food waste, unsanitary conditions, and many hiding spots is an extremely comfortable habitat for pests and an ideal environment for them to reproduce.
Once large numbers of pests appear, they can affect not only the hoarding unit but also neighboring rooms.
Odor Problems
Food waste and other large quantities of garbage left to sit will produce a combination of foul odors that create an overwhelming stench.
In summer, decomposition accelerates, making the smell even worse, and the impact can extend beyond adjacent units to the entire surrounding area.
If a hoarding house nearby is emitting a foul smell, the odor can flow into neighboring rooms whenever windows are opened, making it impossible to ventilate and leading to complaints against the property manager.
Furthermore, since odors permeate the room itself, even after the tenant moves out and all garbage is removed, the smell may linger for a long time and restoration costs can become quite high.
Fire Risk
Residential fires have many causes, including careless cigarette handling and heater ignition, but hoarding houses contain far more combustible materials than ordinary homes, making the risk of fire extremely high.
In particular, hoarding houses are at high risk for "tracking fires," caused by dust accumulating between outlets and plugs, which can cause a short circuit and ignition.
Moreover, hoarding houses filled with flammable materials are said to be easy targets for arson.
There have been multiple cases in which hoarding houses were victims of arson, making this a serious concern.
Vacancy Risk
If one unit in your rental property becomes a hoarding house, there is a high risk that adjacent units will become vacant.
Furthermore, if the hoarding situation is visible from outside, it becomes extremely difficult to attract new tenants.
No matter how clean one's own unit is, very few people would voluntarily move into an apartment where a neighboring or nearby unit emits foul odors and has pest infestations.
Vacancies directly reduce rental income.
The financial loss incurred when a hoarding house develops within an apartment is very significant and serious.
Is It Possible to Evict a Tenant for Having a Hoarding House in an Apartment?
If a hoarding house develops in your rental property, can you evict the tenant responsible?
Let's explain in detail what the law says about this.
Eviction Can Be Sought as a Breach of the Duty of Care
If a unit in your property becomes a hoarding house and other tenants complain, the landlord or property management company must respond.
Even though the items are garbage to others, the ownership rights over them belong to the tenant, so disposing of them without permission constitutes a "violation of property rights" and is not permitted.
Therefore, what management can do is send a certified mail notice and consult with administrative authorities.
The certified mail notice should state that if the garbage is not removed by a specified date, the garbage will be disposed of and the lease agreement will be terminated.
Even after sending the certified mail notice, you cannot immediately remove the garbage just because the tenant has not complied by the deadline.
However, sending the certified mail notice serves as evidence that a warning was issued to the tenant.
In addition, consulting with administrative authorities includes reaching out to the public health center, city hall or ward office, police, and fire department.
If resolving the issue on management's own proves difficult, seeking assistance from administrative authorities is also effective.
If the hoarding house situation does not improve despite repeated warnings, the tenant is considered to be "in breach of the duty of care."
The duty of care obliges tenants to maintain the rented unit with the care of a diligent manager until it is returned to the landlord or management company.
This is referred to as the "duty of care as a good manager," abbreviated as "zenkantyu (善管注意義務)."
In other words, turning a rented unit into a hoarding house is considered a breach of this duty, and eviction can be sought.
Actually Evicting a Tenant Is Difficult
As mentioned, when the hoarding situation does not improve despite repeated warnings, it is possible to seek eviction based on a breach of the duty of care.
However, while this is theoretically possible, actually evicting a tenant requires an extremely persistent effort.
Past court precedents have recognized that lease termination is possible when a tenant leaves a grossly excessive amount of garbage that goes beyond the bounds of common social norms, but the key points of the ruling were the following two:
・The tenant was asked multiple times in the past to remove the garbage but refused to comply
・The lease agreement included a special clause stating that "acts that are dangerous, unsanitary, or disturbing to neighbors are prohibited within the premises"
In particular, the special clause was a very significant factor.
Even past rulings have stated that "even if garbage is left inside a unit making it unsanitary, the lease cannot be immediately terminated," and in general, even minor violations of contract terms or special clauses do not give management the unilateral right to terminate the contract just because a room has become somewhat dirty.
However, the court permitted the tenant's eviction for the following three reasons:
・Grossly excessive garbage beyond common social norms had been left for more than two years
・Management had been warned by the fire department about the risk of fire
・In addition to fire risk, there were also sanitary concerns, and the situation was causing significant inconvenience not only to management but also to neighboring residents
In other words, to evict a tenant for having a hoarding house, the following steps must be taken:
① Verbally or in writing request that the tenant clean up the garbage
② If there is no improvement, send a certified mail notice
③ Consult with the appropriate authorities
By taking these steps, if the case goes to court, management will be in a more favorable position and the likelihood of the eviction being approved increases.
However, even in the case of a hoarding house, seeking eviction requires repeated warnings and extensive legal procedures, making it an undeniably time-consuming and labor-intensive process.
What Landlords Can and Cannot Do
Here, we introduce what landlords can and cannot do when a problem actually occurs.
Be sure to review this when managing real estate.
Can You Warn the Tenant During the Early Stages?
When you notice that a unit is becoming a hoarding house, it is important to issue a warning in the early stages.
If you can raise awareness early, there is a higher chance of preventing the situation from escalating into major problems such as complaints from neighboring tenants or trouble with administrative authorities.
If you did not issue warnings during the early stages, the tenant may later claim that they "were never told" and try to place blame on the landlord.
Is It Okay to Dispose of the Hoarding House Garbage Without Permission?
As mentioned above, a unit becoming a hoarding house can cause various problems, including pest infestation, odor problems, fire risk, and vacancy risk.
Therefore, some landlords may consider disposing of the garbage while the tenant is away.
However, disposing of garbage without the tenant's permission constitutes a violation of property rights.
This applies not only to landlords but also to property management companies.
Even if others consider the items to be garbage, the tenant may not see them as such, so the matter must be handled with great care.
However, once the lease agreement has been terminated, the landlord or property management company can dispose of the garbage.
During the contract period, do not touch anything without permission.
Is It Okay to Post a Notice on the Door to Urge Cleanup?
If the tenant shows no signs of cleaning up despite initial warnings, the landlord considers the next step.
One option is to post a notice on the tenant's door urging them to remove the garbage.
However, posting a notice on the door as a warning may constitute defamation, so great caution is necessary.
If the notice is posted in a location visible to other tenants, the tenant may feel their reputation has been damaged and could sue the landlord.
Unless there is solid evidence that the unit is a hoarding house, posting a notice in a place where third parties can see it is not advisable.
Is It Okay to Cut Off Electricity and Water to Make the Tenant Leave?
Cutting off utilities such as electricity and water to force the tenant of a hoarding house to leave is not acceptable.
Even if the other party is in the wrong, responding with illegal actions constitutes "self-help" and must be avoided.
Rather than resolving conflicts on your own, it is advisable to consult with local authorities or the courts.
Is It Okay to Change the Locks Without Permission?
If you change the locks on a tenant's unit without their permission while they are away, you may be subject to charges of invasion of privacy and unlawful entry.
Holding the new keys until the tenant removes the garbage is also not acceptable.
Of course, the tenant who left the garbage is at fault, but changing the locks without permission is an illegal act, so great care must be taken.
In some cases, you may be required to pay damages.
Steps to Take When an Apartment Becomes a Hoarding House
If a problem actually occurs, how should a landlord respond?
Please refer to the following steps to ensure an appropriate response.
① Verbally or in Writing Request That the Tenant Clean Up
If you discover that one of your rental units has become a hoarding house, first issue a verbal or written warning to the tenant requesting cleanup.
Visiting the tenant in person when they are home, or sending a certified mail notice, may prompt them to clean up.
More on certified mail notices below.
When filing a lawsuit to reclaim possession, you must be able to prove that you issued a warning to the tenant.
Even after issuing verbal or written warnings, there is a possibility the tenant will not comply.
It is recommended to keep a record of your actions at all times so that you are not at a disadvantage if the case goes to court.
Recording the content of your conversations with the tenant, including dates and times, allows you to submit those notes as evidence that warnings were issued.
② Send a Certified Mail Notice
As mentioned above, posting a notice in a location visible to third parties, such as on the door, may constitute a violation of property rights, so if you want to issue a warning, you should send a certified mail notice.
A certified mail notice is a system that certifies when, who, to whom, and what content of a document was sent.
Since it can be submitted as legal evidence, the tenant cannot deny receiving it once the certified mail notice has been received.
The notice should state the date by which the garbage must be removed and that the lease agreement will be terminated if the garbage is not removed by that date.
Since certified mail is not visible to third parties and also serves as evidence of the warning, be sure to send it if verbal warnings are not being heeded.
③ Consult with Local Authorities
If a hoarding house situation occurs, it is recommended to consult with local authorities as well as sending a certified mail notice.
Consultation offices include the police, fire department, public health center, and city hall or ward office.
Currently, there is no law that allows for the forced removal of a hoarding house, but more and more municipalities are incorporating their own countermeasures into local ordinances.
Since hoarding houses have become a social problem, the number of municipalities establishing their own countermeasures will likely continue to grow.
Once a landlord's consultation is received, the municipality will proceed with: "investigation → advice and guidance → support → recommendations."
If the tenant does not comply with the recommendation, the municipality will issue an order to remove the garbage.
If the tenant complies with the order, their name will not be publicized, and they will not face a fine.
If the order is ignored to the end, the municipality will carry out administrative enforcement (forced removal).
However, administrative enforcement is only a last resort. According to the Ministry of Environment's "FY2017 Report on Hoarding Houses," cases in which administrative enforcement was actually carried out account for just 6.5% of the total, indicating it is very rarely used.
④ File a Lawsuit for Possession
If the garbage has not been removed and there is no change even after sending a certified mail notice to the tenant and consulting with authorities, file a lawsuit for possession.
When filing a lawsuit, submit your case to the court with jurisdiction over the relevant area.
After that, a hearing date will be set and a mediation session will be held.
If the talks result in a settlement, prepare a settlement agreement and set a date for the tenant to vacate.
If no settlement is reached, you will need to wait for a court ruling.
The fact that the situation has not improved despite warnings is a valid reason for ordering termination of the lease.
If you want the tenant to leave, file a lawsuit for possession.
Costs and Responsibilities for Restoration Work
When garbage is left inside a unit, various problems can arise, including rot and pest infestation.
After the hoarding house tenant moves out, the landlord must restore the unit to its original clean condition so that the next tenant can move in.
Here, we explain the costs and responsibilities associated with restoration.
The "Guidelines on Disputes Regarding Restoration to Original Condition" Apply
If damage is due to natural deterioration or ordinary wear and tear, the landlord bears the cost of restoration.
When the damage is clearly caused by the tenant's intentional or negligent behavior, as in the case of a hoarding house, the Ministry of Land, Infrastructure, Transport and Tourism's "Guidelines on Disputes Regarding Restoration to Original Condition" apply.
However, even in the case of a hoarding house, depreciation based on the building's age must be taken into account, making it extremely difficult to claim the full cost of repairs.
The breakdown of restoration costs varies by case, so consult with a specialist.
Costs May Be Borne by the Former Tenant
If repairs are needed due to the tenant's intentional or negligent behavior, the tenant can be required to bear the restoration costs.
For example, if the damage exceeds ordinary wear and tear—such as nicotine stains and odors from cigarettes, pet odors, mold, stains, graffiti, oil stains, corrosion, or scratches—the tenant bears the cost.
When claiming restoration costs, the building's age must be taken into account.
The older the building, the more noticeable the natural deterioration and ordinary wear and tear become.
It is necessary to set the amount to claim in accordance with the building's age in order to ensure fairness.
The Ministry of Land, Infrastructure, Transport and Tourism's guidelines include the useful life of each fixture and fitting, so be sure to review them in advance.
Estimated Costs for Restoration Work on a Hoarding House
How much does restoration work for a hoarding house actually cost?
Here, we look at the estimated cost of the work.
Since doors, flooring, wallpaper, and all fixtures throughout the unit may need to be replaced in a hoarding house, restoration costs tend to be higher than usual.
The standard cost for wallpaper replacement is around 100,000 yen, and around 200,000 yen for flooring replacement.
However, the amount will vary depending on the size of the room and the extent of corrosion or pest damage, so care must be taken.
There are also costs involved in disposing of the garbage inside the room.
The cost of removing garbage is typically around 50,000 to 100,000 yen.
How to Prevent Hoarding House Problems in Advance
We have covered the reasons why hoarding houses develop, the risks they pose, and the steps landlords should take, but many people wonder how to prevent such problems from occurring in the first place.
To protect yourself from hoarding house issues, keep the following points in mind when managing real estate.
Conduct Thorough Tenant Screening
To prevent a unit from becoming a hoarding house, it is important to conduct thorough and careful tenant screening.
Tenant screening for apartments checks whether applicants are likely to cause problems—such as whether they have the financial ability to pay rent and whether they can be trusted as tenants.
The items evaluated include payment capacity, the guarantor's intent to guarantee, and the character of the prospective tenant.
Checking the applicant's language and demeanor during your conversation can help prevent future problems.
Hoarding houses are not the only issue to be aware of in real estate management.
To aim for stable operations, it is necessary to carefully screen out at the application stage those who seem likely to fall behind on rent or handle equipment roughly and cause damage.
Situations where a tenant skips out are also extremely troublesome, so careful attention is required.
Even if the guarantor can be reached, if the tenant themselves cannot be contacted, it becomes impossible to proceed with lease termination.
To avoid a variety of potential problems, conduct tenant screening carefully.
Once you have signed a contract and allowed someone to move in, it may be too late.
Specify Terms in the Lease Agreement
When entering into a contract, including a special clause in the lease agreement regarding eviction in the event of a hoarding situation can help prevent problems before they occur.
It is recommended to include a provision in the lease that specifies the lease will be immediately terminated if garbage is left unattended or if the situation creates a nuisance for neighbors.
Furthermore, by clearly stating in the contract that the tenant is responsible for restoration costs in the event the unit becomes a hoarding house, you can sign the lease with peace of mind.
Once the tenant signs the contract, the stated terms become binding, and the tenant cannot deny them.
Communicate with Tenants
The situation in a hoarding house worsens with time.
If action is delayed, the condition may become irreversible, so it is important to detect and resolve problems early.
To prevent the situation from escalating into a major problem, regular communication is key.
Conducting periodic equipment inspections and creating opportunities to visit each unit can help prevent hoarding from occurring.
Creating an environment that discourages accumulation is the ideal approach.
Summary
Hoarding houses have become a major social problem in recent years, and municipalities are progressively implementing their own countermeasures through local ordinances.
The response of landlords is also extremely important in preventing hoarding house situations.
Since delayed action can cause inconvenience to neighbors, be sure to issue warnings at the earliest possible stage.
