Littering in private homes / Messie syndrome
When an apartment becomes almost inaccessible and looks more like a junkyard or garbage dump, it is often referred to as the "Messie Syndrome". Compulsive collecting is stressful - for those affected and also for the neighborhood.
Outraged neighbors and landlords complain about unpleasant odors and fear health problems, often with regard to vermin infestation. Sometimes pets are also affected, in which case the veterinary office is called in. If animals are kept in large numbers but are no longer properly cared for, this is known as "animal hoarding".
Who can help?
The owner or landlord is primarily responsible for eliminating the defects. They are obliged to dispose of the waste and are responsible for pest control if the tenant is unable to do so themselves.
If animal hoarding is suspected, the relevant veterinary office should be informed.
What can the public health department do?
The municipal health department can only take limited action, as it has no possibility to take action "ex officio" in a private home. Everyone's basic rights (human dignity, free development of the personality, inviolability of the home) only permit official action in special exceptional cases.
When does the public health department have to take action?
If the spread of notifiable infectious diseases is to be feared, the municipal health department must take action to protect the general public. However, a littered home, unpleasant odors, spoiled food and vermin infestation do not usually constitute a justified intervention in accordance with §16 of the Infection Protection Act. Experience shows that there is almost never a risk of infection or epidemics from a neglected / littered apartment. It is mostly waste, which usually does not pose a risk of epidemics. There is therefore no legal basis for measures to be taken by the municipal health department.
Suspicion of mental illness
If there are indications of a mental illness, the specialist counseling service for psychosocial health at the municipal health department will try to contact the person concerned. In a conversation with the person concerned and/or their relatives, help and advice can be offered. However, no one can be forced to seek advice as long as the person is not acutely endangering themselves or others. In most cases, those affected are unable to recognize and assess the consequences of littering. In this case, legal guardianship can be requested from the competent local court. Relatives or neighbors can also apply for such guardianship. The initiation of coercive measures against people who neglect and litter is an absolute exception.