Health Hazard Eviction

Buffalo, New York
General Landlording & Rental Properties
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Health Hazard Eviction

Michael Murphy
Investor · Buffalo · Member since 2025 · 45 posts · 27 votes

Has anyone had to deal with an eviction of a tenant that is incapable of caring for themselves?  I am under contract on a property and one of the tenants is living in conditions that are beyond normal trashing and filth.  There is moldy food, feces on the bathroom floor, some sort of slime over most of the wood flooring, a severe fly infestation, etc.  I am sure it is a health hazard.

I am wondering if there is a way to get social services involved rather than going through an entire eviction process.  I really think the tenant needs a level of support that could be provided by an assisted living / group home setting.  I am also wary of them coming after me about the health hazards. 

This is a duplex and the other unit is occupied too.  I would like to avoid any government agency forcing both of the tenants out.

If anyone has experience they are willing to share I would appreciate it.

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
1mo

Are they paying rent?

if not, start eviction process.

Then start calling local agencies that may be able to have the tenant placed in adult foster care or ???

Just be careful - an agency MAY pay their rent, thwarting your eviction.

We just did this last year.
We exhausted all efforts to get elderly tenants assistance and they would NOT cooperate.
So, we had to evict.
The bailiff even tried to help them, but had to put them out on the sidewalk.
- "Miraculously", the tenant then called a relative that came and picked them up!

[email protected]248-209-6824
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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    1mo

    @Matthew Irish-Jones might be able to help you...

    0Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    1mo

    You need to be very careful here. Acting with too much haste can really cost you. 

    Start with Adult Protective services or perhaps a local charity such as Catholic Charities to see if they can determine the actual root cause of the issue.This will largely determine the best path forward. One of them should be able to refer them to the proper agency. If you have contact info for a relative, be sure to provide that info to these groups as well. 

    BUT, if the person simply does not want to move, this can drag out for months depending on the jurisdiction. A simple "Breach of Terms" notice and follow through is not likely to go smoothly.

    1Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    1mo

    What Richard said.  Make sure he's paying market rent.  There' s nobody on your side. You'll be sued for disturbing his right to quiet privacy. Be careful.

    1Reply
  • Matthew Irish-JonesBusiness Member
    Real Estate Agent · Buffalo, NY · Member since 2017 · 2k+ posts · 2k+ votes
    1mo
    Quote from @Michael Murphy:

    Has anyone had to deal with an eviction of a tenant that is incapable of caring for themselves?  I am under contract on a property and one of the tenants is living in conditions that are beyond normal trashing and filth.  There is moldy food, feces on the bathroom floor, some sort of slime over most of the wood flooring, a severe fly infestation, etc.  I am sure it is a health hazard.

    I am wondering if there is a way to get social services involved rather than going through an entire eviction process.  I really think the tenant needs a level of support that could be provided by an assisted living / group home setting.  I am also wary of them coming after me about the health hazards. 

    This is a duplex and the other unit is occupied too.  I would like to avoid any government agency forcing both of the tenants out.

    If anyone has experience they are willing to share I would appreciate it.


     Yes there is a way to get all kinds of people and agencies involved, but I don't see how any of them are going to help you run your business as a land lord. 

    As a landlord once you are made aware of the situation, you now have some liability.  You could be facing multiple code violations.

    You must be getting a H*** of a deal to be purchasing a property in this condition.  Personally, I would want to regain control of the unit, renovate, and start over. 

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1mo

    Are they paying rent?

    if not, start eviction process.

    Then start calling local agencies that may be able to have the tenant placed in adult foster care or ???

    Just be careful - an agency MAY pay their rent, thwarting your eviction.

    We just did this last year.
    We exhausted all efforts to get elderly tenants assistance and they would NOT cooperate.
    So, we had to evict.
    The bailiff even tried to help them, but had to put them out on the sidewalk.
    - "Miraculously", the tenant then called a relative that came and picked them up!

    [email protected]248-209-6824
    Logical Property Management4.9459 Reviews
    WebsiteView Page
    2Reply
  • Jim Johnson
    Real Estate Agent · Memphis · Member since 2026 · 573 posts · 338 votes
    1mo

    The fact that you're still under contract is the biggest thing that jumps out at me. I’d want to understand exactly what I'm inheriting before closing.

    If I were in your position, my order of operations would be:

    1. Document the current condition now. Photos, inspection notes, pest/sanitation issues, and anything that could be affecting the other unit.
    2. Talk to a NY landlord-tenant attorney before closing. I’d want to know what options and obligations transfer to me with that tenant already in place.
    3. Look into the appropriate adult/social services resources. If the tenant genuinely appears unable to care for themselves, there may be a way to get someone involved who can assess what support they need.
    4. Protect the other unit. With the flies, feces, spoiled food, and possible moisture issues you described, I'd want to know whether anything has already spread or created a health/pest issue next door.

    I wouldn't count on social services as a substitute for the legal process, though. Hopefully they can help the person, but I'd make the purchase decision assuming you may still inherit a difficult tenancy and need to follow the normal legal route. That’s something I’d want answered before the contingency periods and closing, not afterward.

    1Reply
  • Ashley B.Business Member
    Specialist · Washington, DC · Member since 2026 · 35 posts · 19 votes
    1mo

    This sounds like a genuinely difficult situation, both for you and for the tenant, and I think you're asking the right first question. This isn't really a straightforward eviction case.

    On getting outside help involved: Adult Protective Services is usually the right first call in situations like this, not the eviction process. APS exists specifically for adults who may be unable to care for themselves, and they can assess the situation, connect the tenant with support services, and, if there's family or another support system that could be involved, they're generally in a much better position to identify and reach out to that than you are as the landlord. That's not really your role to take on directly, but it's worth knowing it's part of what a proper assessment can surface, rather than assuming eviction is the only path forward.

    One thing worth being aware of, and I'd take seriously given what you said about liability: if the tenant's inability to maintain the unit is connected to a disability physical or cognitive, eviction can trigger reasonable-accommodation obligations under fair housing law, meaning rushing straight to eviction without exploring alternatives first can actually create more legal exposure for you, not less. That's not a reason to avoid acting the conditions you're describing are a real hazard to your other tenant and the property, but it's a reason to document everything carefully (photos, dates, any communication) and get the sequence right before you act, rather than moving straight to eviction paperwork.

    Situations like this are honestly where I spend a lot of my time: cases that aren't a clean legal process but a mix of liability, timing, and a person who needs to be treated with some care along the way. Sequencing APS, your documentation, and your own protection correctly is exactly the kind of thing I help landlords work through, so you're not piecing it together alone while it's actively unfolding.

    Genuinely hope this works out okay for everyone involved, including the tenant.

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  • Michael Murphy
    OP
    Investor · Buffalo · Member since 2025 · 45 posts · 27 votes
    1mo

    Thanks to everyone who took the time to reply.  A few more data points are probably relevant.

    1 - I am able to buy it at a discounted price because no one else wants to deal with the problem. The remaining tenant will cover the PITI while I deal with the tenant with cleanliness concerns.
    2 - The tenant is month-to-month so I don't need to evict due to the condition of the property.
    3 - The seller claims that he is paying rent and is current per the rental rider.  I am skeptical.  The amount they claim he is paying is below market rent by about $200.
    4 - I underwrote the deal assuming this was going to be a long process and that I wasn't going to collect any rent from him during the process.  If I do better than that great.
    5 - I did get an inspection and the conditions are documented.  The problems appear to be contained to the one problem unit.

    I'm also concerned with doing the right thing.  If there is a way to get him rehoused without going through an eviction it would be better for him and me.

    0Reply
  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    1mo

    Be careful about who you contact about the living conditions in the unit in quesition.  You could end up with a condemned property, and have to go through code-hell to uncondemn.  

    Check the lease (if there is one)--there should be a clause about keeping the property in sanitary/clean condition.  Breach of terms should be in play.  

    You have a big heart to give consideration to the tenants living in filth, however rental property ownership is a business.  Treat it as such, or you might be buying and funding a 'charity'.  Better to make some money and then donate to a cause you truly care about, not one that you 'inherited' when you bought someone else's headache.

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  • Patrick O'SullivanBusiness Member
    Property Manager · Phoenix, AZ · Member since 2024 · 534 posts · 205 votes
    1mo

    Being under contract with everything documented gives you room to plan the sequence before you inherit this.

    Since the tenant is month-to-month, run two tracks at once: a local NY landlord-tenant attorney for the proper process to end the tenancy, and adult/social services to see what help exists for the tenant. Don't let one replace the other, and don't act on the tenant's condition without legal guidance, just document objectively (dates, conditions, communications) without trying to diagnose why. Before closing, verify rent history independently rather than trusting the seller's word, and get clarity on the deposit, notices, and lease docs. It may take a while, but budgeting for that beats being forced into the fastest option.

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