Can I Put a Stop to My Hoarder Neighbor?

It is sometimes tough to know when someone, or even a family member, is simply messy and likes collecting things or if they need help for the mental illness known as hoarding disorder (HD) that reportedly affects between 2 and 6 percent of the U.S. population.

What Is Hoarding Disorder?

The International OCD Foundation (obsessive-compulsive disorder) provides some guidance, saying a mental health diagnosis of HD requires the following:

1. A person collects and keeps a lot of items, even things that appear useless or of little value to most people
2. The items clutter the living spaces and keep the person from using the rooms as they were intended
3. The items cause distress or problems in day-to-day activities.

Steps to Resolve Hoarding Disputes

So how can you step in and do your neighborly duty to help them and ensure your property’s value?

First, Speak with Your Neighbor

The general advice is to attempt to speak with the hoarding neighbor personally to see if you can help them to fix issues amicably before involving the authorities. If this doesn’t work, then the next step is to file a complaint.

File a Complaint

In Houston, homeowners who have a neighbor suffering from compulsive hoarding have options. Under the Texas Neighborhood Nuisance Abatement Act, the Harris County Public Health Office (HCPH) investigates complaints of public nuisances. This is one of the very few actionable legal theories that one can employ to force neighbors to act.

What Is a Public Nuisance?

Public nuisances are grouped into six categories under the Texas nuisance law:

1. Keeping, storing, or accumulating refuse on premises in a neighborhood unless the refuse is entirely contained in an enclosed receptacle
2. Keeping, storing, or accumulating rubbish or any unused, discarded, or abandoned object, including newspapers, vehicles, tires, and cans on premises in a neighborhood for 10 days or more, unless the rubbish or object is completely enclosed within a building or is not visible from a public street
3. Maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests
4. Allowing weeds to grow on premises in a neighborhood if such weeds are located within 300 feet of another residence or commercial establishment
5. Maintaining a building in a manner that is structurally unsafe or constitutes a hazard to safety, a health hazard, or public welfare hazard because of inadequate maintenance, unsanitary condition, dilapidation, obsolescence, health issues, fire hazard, disaster or abandonment
6. Maintaining a swimming pool or unoccupied property in a neighborhood that is not protected with a fence that is at least four feet high and that has a latched gate that cannot be opened by a child or protected by a cover over the entire swimming pool that cannot be removed by a child

What Happens When You File a Complaint for Hoarding

If a neighbor maintains their property in a manner that includes one or more of the nuisance categories, a property owner or dweller may file a complaint against their next-door neighbor with the HCPH.

The law allows for a 30-day abatement period when the property occupant and owner can clean up the issue. If the complaint is merely some accumulated refuse outside of receptacles, it may be an easy fix. However, if the problem is larger and cannot be remedied within the 30-day period, criminal or civil suits may be filed.

When to Consider Legal Help for Your Nuisance Complaint

If you need professional help, a real estate attorney will tell you that a nuisance complaint is a work of art. It requires documentation, clear and convincing evidence that a complaint is justified, and sure-fire evidence that this nuisance has interfered with your quiet enjoyment of your property. To ensure you have everything that you need to file a public nuisance suit, your best bet is to contact a reputable and experienced attorney. They can guide you through the process and ensure the most efficient and positive outcome for all involved. 

For more information on this area, check out our overview of real estate laws.