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How to Legally Remove a Drug Addict from Your Home

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Guide to Legally Removing a Drug Addict From Your Residence

Living under the same roof as a person who is abusing alcohol, drugs, or both, can be financially, mentally, and physically challenging. It presents a burden and a risk for family members, property owners, neighbors, and the community. While families do provide the basic sense of security and affection, they can also become a breeding ground for pathological behavior, including substance abuse.1

This is especially true for families that struggle with low social standing and financial issues. However, even higher income households are not immune to substance abuse disorders, as it is a complex affliction that can be connected to a variety of other conditions and result from different factors, such as untreated depression, PTSD, or psychosis.1

Although families can provide basic support to their loved ones, they can also try to diminish or tolerate abusive and pathological patterns. Turning the blind eye to substance abuse or minimizing the consequences to prevent stigma is another way many families try to cope with this problem. Finally, some warning signs go unnoticed until it’s too late and their behavior becomes erratic and violent. This can put families at risk of domestic violence and crime. On top of that, you can expect a number of legal ramifications and problems with law enforcement, criminal track record, and employment.2

Given all this, many families and property owners look for legal options to evict individuals struggling with severe substance abuse disorder from their homes. The goal is to preserve the safety and well-being of their household and family members, protect the value of the property, and also to force the individual to seek rehabilitation.3

How to Legally Remove a Drug Addict From Your House?

The laws on eviction of drug-addicted tenants from residences may vary from state to state, but the process is more or less similar. You need to give your tenant a written notice that states the reason for their eviction and the date by which they must leave the property. The notice should also contain a “cure or quit” clause, giving them the opportunity to fix the problem within a certain timeframe, usually 3-5 days.3

Of course, getting sober is a journey that can take months and even years, but showing awareness that they need to change can still make all the difference in this situation. If they don’t take action to address the issue, you can proceed with filing for eviction. Before you do that, you should be completely sure that you’re dealing with SUD.3

How to Recognize the Warning Signs?

It’s important to also know how to recognize the warning signs of substance abuse in your household. This way, you can take action as soon as possible and prevent the situation from escalating.4

Here are some common warning signs of drug addiction:4

  • Changes in appearance, such as sudden weight loss or gain, disheveled hair, and red or glassy eyes.
  • Sudden changes in behavior, such as mood swings, irritability, secrecy, and isolation.
  • Neglecting responsibilities at home, work, or school.
  • Increased absenteeism from work or school.
  • Financial problems, delays with rent collection, or accruing debt for utility bills.
  • Unexplained changes in sleep patterns, such as sleeping during the day and being awake at night.
  • Loss of interest in hobbies or activities that used to bring them joy.
  • Paraphernalia around the house, such as pipes, bongs, syringes, lighters, and rolling papers.
  • The smell of alcohol or drugs on their breath or clothing.
  • Slurred speech
  • Pathological lying and theft
  • Aggressive or violent behavior

If you notice any of these warning signs in your tenant or family member, it’s important to take action right away. The sooner you address the issue, the better their chances are of getting sober and turning their life around.4

When To Kick Out A Drug Addict From Home?

If the addicted person is not willing to seek help or treatment, if they are continuing to abuse drugs or alcohol despite your efforts to help them, if their addiction is putting other members of the household at risk, or if they are becoming violent, then it may be time to kick them out of the house.6

Once you have made the decision to evict a tenant or family member with an addiction, there are certain legal steps that you need to take in order to do so.6 

First, you will need to give them a written notice that states their eviction date and the reason for their eviction. Next, you will need to file an unlawful detainer lawsuit with your local court. Once the court has issued a writ of possession, you will then be able to have the sheriff’s department escort them off of the property.6

While kicking someone out of your home is never an easy decision, sometimes it is necessary in order to protect yourself and your loved ones. If you are struggling with addiction or know someone who is, there are many resources available to help you get the treatment and support that you need.7

What Is The Legal Process Of Eviction?

The first step is to contact your local law enforcement and file a complaint. You will need to provide them with evidence of the tenant’s substance abuse, such as photos, videos, or eyewitness accounts. The police will then assess the situation and determine if there is enough evidence to file charges. If the answer is yes, they will serve the tenant with a notice to appear in court.8

The second step is to contact your state or county Bar Association and ask for referrals to eviction lawyers in your area. You will need representation in court, as the eviction process can be quite complicated and you don’t want to risk making any mistakes.9

The third step is to attend the court hearing and present your case. The judge will then decide whether or not to grant the eviction. If they do, the tenant will be given a certain amount of time to vacate the property, usually 30 days.8

After the tenant has been evicted, you can then proceed with changing the locks and securing the property. Keep in mind that you don’t want to make your loved one or former tenant homeless, but to push them to seek treatment. You should also contact your local drug rehabilitation center and ask them to put the tenant on their waiting list. This way, you will have done everything in your power to help them get sober and turn their life around.8

How to Remove an Addicted Tenant from Your House?

If you have a family member who is addicted to drugs or alcohol, you may be wondering whether or not you should evict them out of the house. It’s a tough decision to make, but ultimately you need to do what is best for yourself and your other family members. If the addicted person is not willing to seek help or treatment, if they are continuing to abuse drugs or alcohol despite your efforts to help them, if their addiction is putting other members of the household at risk, or if they are becoming violent, then it may be time to evict them out of the house.10

The situation becomes more complex when the addicted person is underage. When you have a child who is addicted to drugs or alcohol, the situation can be very difficult and emotional. As a parent, you want to help your child get sober, but you also need to protect yourself and your other family members. If your child is over 18, you may be able to kick them out of the house and evict them as a tenant. However, if they are under 18, you will need to follow a different process.11

If your child is under 18, you will need to file for emancipation in order to remove them from your home. This process can be complicated and time-consuming, so it’s important to speak with an attorney before proceeding. Once your child is emancipated, they will be considered an adult and you will be able to evict them from your home.11

If your child is over 18 and addicted to drugs or alcohol, you may be able to kick them out of the house and evict them as a tenant. In order to do this, you will need to give them a written notice that states their eviction date and the reason for their eviction. Next, you will need to file an unlawful detainer lawsuit with your local court. Once the court has issued a writ of possession, you will then be able to have the sheriff’s department escort them off of the property.11

While kicking someone out of your home is never an easy decision, sometimes it is necessary in order to protect yourself and your loved ones. If you are struggling with addiction or know someone who is, there are many resources available to help you get the treatment and support that you need.11

How To Help Your Family Member To Find Adequate Treatment?

If you have a family member who is addicted to drugs or alcohol, you may be wondering what you can do to help them. It’s important to remember that addiction is a disease and it requires treatment in order to recover. It’s key to talk to them and to call hotlines to figure out which one is the best fit for your family member.12

  • Detox is the first step in most treatment plans, although it’s not considered a part of the treatment itself. During the supervised detoxification, the person stops using drugs and alcohol and gets the necessary medical help to cope with the effects of withdrawal. This process can be difficult and uncomfortable, so it’s important that it’s done under medical supervision.13
  • Inpatient treatment is another option. This type of treatment requires the person to live at the facility for the duration of their treatment. This is a good option for people who need around-the-clock care and supervision.14
  • Outpatient treatment is another option. This type of treatment allows the person to live at home and come to the facility for treatments and therapies. This is a good option for people who have a strong support system at home. However, in the context of evicted individuals, it is usually considered a second stage after the completed course of inpatient treatment.15
  • Behavioral therapy is an important part of the addiction treatment plan. There are many different types of therapy available, so it’s important to find one that’s right for your loved one. Some common types of therapy include cognitive behavioral therapy, dialectical behavior therapy, and group therapy. You can also count on many treatment options that directly involve the family as a system.16

It’s important to remember that addiction is a disease and it requires treatment in order to recover. Keep in mind that not all rehab options are expensive or out of reach. There are many different treatment options available, so it’s important to speak with a professional to figure out which one is best for your loved one.17

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The editorial staff of Projectknow.com is comprised of addiction content experts from American Addiction Centers. Our editors and medical reviewers have over a decade of cumulative experience in medical content editing and have reviewed thousands of pages for accuracy and relevance. Our reviewers consistently monitor the latest research from SAMHSA, NIDA, and other reputable sources to provide our readers the most accurate content on the web.
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