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The most commonplace type of eviction action, and the kind we all hear the most about, is that related to nonpayment of rent. The reality is that state law together with individual rental agreements permit other types of evictions as well. One of these types of evictions not involving a rent issue arises from a situation in which a tenant fails to maintain a leased property in an appropriately clean condition.
An eviction action for failure to keep the premises in a suitably clean manner involves a situation that is more than haphazard housekeeping and a sloppy property. An eviction of this nature involves a rental property that has become seriously unkept, extremely dirty. Words like filthy and unhealthy fairly can be applied to such a situation.
Elderly Tenant and Lack of Proper Housekeeping
Sadly, this type of eviction case many times is associated with an elderly person living alone. An older individual in this type of position may no longer have the ability to properly maintain a residence. In some instances, they may not even fully appreciate how dirty – filthy – their apartment has become.
In a good many situations of this nature, an older person may be too proud or too ashamed to seek out help in regard to the state of their home. They may not even reach out to their own children to obtain help to get their rental home back into order.
Action by Landlord in Filthy Apartment Situation
A landlord has the legal ability to serve an eviction notice on a tenant who has let his or her rented home slide into a filthy state. Such a notice provides a tenant with a specific period of time established by state law to clean up the property or move out. If the tenant fails to cleanup or leave the property, a landlord can then file what technically is known as an unlawful detainer action in court. Such a court action is more commonly known as an eviction case.
It’s important to note that even when served with this type of initial eviction notice, an elderly person may not seek out assistance for his or her situation. Again, pride and a sense of shame are powerful emotions.
Steps an Adult Child Can Take When Parent Faces Eviction for a Filthy Apartment
There are a number of tactics an adult child can employ in order to assist an elderly parent who faces an eviction for a filthy apartment or other type of rental home. Before diving into these strategies, this scenario underscores the need for adult parents to maintain as close of a connection as possible with their elderly parents. If communication between parents and adult children is spotty, discovering that this type of situation exists will be nearly impossible. It’s difficult enough when there is a close link between an adult child and a senior parent.
First, reach out directly to the landlord. Let the landlord know that you intend to ensure that the rental property is restored to an appropriately clean condition. If for some reason you cannot meet the deadline set forth in the initial eviction notice, let the landlord know. Request a reasonable amount of additional time.
Odds are a landlord will be willing to work with you to some degree. In the end, it is far less expensive for a landlord to allow you a bit more time to get things in order than pursuing an eviction lawsuit.
Second, depending on the state of affairs at the rental property, consider hiring a professional residential cleanup company like Eco Bear. Eco Bear can thoroughly cleanup a home, including remediating any biohazards that might be at the property. Eco Bear can achieve a restoration of the rental property to a clean, healthy condition in an efficient manner and for a reasonable cost. Eco Bear makes certain prospective clients know what a residential cleanup will cost. There are never any hidden fees or additional charges.
Third, if this type of situation has developed in regard to your parent or parents, you need to seriously consider their existing living situation. At a minimum, the time likely has arrived at which you need to consider obtaining a home care aide for your parent or parents – someone that comes into your parent’s home on a regular basis to ensure that it remains in proper order.
You also need to contemplate whether or not your senior parent is at a juncture in life when he or she should move to an assisted living facility. In the alternative, and if your situation permits, you might want to consider the prospect of moving your parent (or parents) into your own home.
On a final note, you need to keep the landlord abreast of not only the cleaning process but what you intend to do on behalf of your parent going forward into the future. The landlord obviously will want the immediate situation resolved. However, the landlord is also going to want assurances that this type of situation will not arise in the future.
