As a landlord, managing a tenant with mental health issues requires a sensitive approach that balances your legal obligations with a tenant's well-being. Since your tenant believes there are mice and snakes that you cannot find, you must acknowledge their concerns and follow a documented process to address them.
Landlord-tenant laws and mental health
Accommodating mental illness: The Fair Housing Act requires you to provide "reasonable accommodations" to tenants with mental or emotional disabilities, which can include mental health conditions.
Following lease terms: While you must provide accommodations, a tenant still needs to adhere to the terms of their lease. You have the right to address property damage, missed rent, or dangerous behavior. An eviction, however, would have to follow the standard process for a lease violation and could be blocked by a court if the tenant's disability is a factor.
Duty to provide a habitable home: As a landlord, you are responsible for providing a livable, pest-free property. A tenant's complaints must be taken seriously, even if you suspect their delusions are the cause.
A step-by-step process for handling the complaints
Acknowledge and document the request. Respond promptly and courteously to your tenant's complaint. Maintain all communication in writing to create a clear record of the issue.
Conduct an inspection. Schedule a visit to the property to look for any signs of the claimed pests. Take a professional approach by bringing a clipboard, a flashlight, and a camera to document your findings. Look for common indicators such as droppings, gnaw marks, or evidence of entry points.
Hire a professional exterminator. Even if you find no evidence of pests, it is crucial to hire a licensed pest control professional to conduct an independent inspection. A professional opinion creates an official, third-party record of the property's condition.
Share the results and the plan.
If pests are found: Provide a copy of the exterminator's report to the tenant and outline the steps you will take to resolve the problem.
If no pests are found: Share the exterminator's report and calmly explain that no signs of infestation were detected. Document the conversation and keep the report on file.
Focus on lease violations, not the illness. If the delusions are causing damage to the property (for example, if the tenant is damaging walls while looking for snakes) or disturbing other tenants, focus your conversations on the specific actions and how they violate the lease.
Suggest resources (with caution). You can provide contact information for local mental health organizations or a crisis hotline like the National Alliance on Mental Illness (NAMI) as a supportive measure. However, do so gently and carefully. It is best to frame this as an offer of general resources, not a requirement to seek treatment. Avoid diagnosing the tenant or making assumptions about their health.
Seek legal counsel. If the situation escalates or involves a significant disruption, consult with an attorney who specializes in landlord-tenant and fair housing law. This is particularly important before taking any action related to eviction.
What to avoid doing
Don't ignore the complaints. Ignoring the issue is a serious risk that could lead to legal trouble, especially if a real pest problem exists.
Don't accuse the tenant of lying. Directly accusing your tenant of lying will likely escalate the situation and damage your relationship.
Don't make promises you can't keep. Stick to what you know. Promise an inspection and a professional's opinion, and follow through on it.
Don't provide mental health advice. You are not a mental health professional. Do not try to diagnose the problem or suggest treatments