I am/my loved one is facing eviction because of a mental health condition. What can I do?
We are very sorry to hear that you/your loved one may be facing eviction. There is growing evidence that people with untreated mental health and/or substance use conditions are at greater risk of being evicted, and this experience can be traumatic. Being evicted can worsen symptoms of existing mental health conditions and substance use disorders, and lack of access to safe housing can make it even more difficult for those with mental health conditions or substance use disorders to participate in treatment.
The good news is that there are steps you can take to prevent eviction or secure safe housing in the face of an eviction notice. We hope the information and resources in the steps below will be of help.
Understand your rights
Review the terms of your/your loved one’s lease to understand what behaviors may give a landlord legal grounds for eviction. This will also help you learn about any rights you/your loved one have to address the landlord’s concerns before the eviction process moves forward.
Understand the rental/eviction laws in your state
While the process of eviction varies from state to state, there are a few steps that apply to almost all situations.
- The first is the eviction notice, which landlords must give to tenants in advance of their eviction. The notice should include an explanation of why the tenant is to be evicted. It should also allow time for them to address the issue or work collaboratively with the landlord toward a solution before they are evicted.
- The next step is typically that the landlord obtains a court order for the eviction. Some cities or states have specialized housing courts for this process, while others rely on their regular civil court system to respond to eviction filings.
- The final step in the process is the eviction itself, which will happen in most states once a judge has ruled in favor of the eviction.
Conduct an online search for “tenant rights in [county] [state]” to understand any specific laws that may apply to your/your loved one’s situation and to learn about the eviction process in your state.
Secure legal representation early
Sometimes, tenants are threatened or served with an eviction notice even when they feel they have done nothing wrong. Whether an eviction notice is legal or predatory, you may wish to pursue legal representation to navigate the eviction filing process and advocate to remain in the home.
A tenant and their lawyer can present evidence to the court to advocate for not being evicted. To prepare for this process, it’s important to engage with legal aid as early as possible.
The National Center for State Courts offers an interactive map to help you find housing-related legal aid services in your area. Other resources for securing legal support can be found in NAMI HelpLine’s Knowledge Article I need an attorney – Where can I find legal help?
Compile information that could be helpful in court proceedings
If you/your loved one are being evicted for unlawful reasons, and your/your loved one’s behavior does not violate your lease, use the help of a legal professional to document this as best as possible.
If you/your loved one are facing eviction because of behavior related to a mental health condition or substance use disorder that is being treated, compile information that shows your/your loved one’s participation in treatment. Be sure to outline how participation in treatment will prevent further incidents that may violate the terms of the lease agreement and lead to grounds for eviction.
Participate actively/encourage your loved one’s participation in mental health or substance use treatment
Individuals with mental illness or substance use disorders are more likely to experience eviction if their symptoms interfere with their daily functioning or lead to behaviors that violate lease agreements (nonpayment of rent, not taking care of the home, fights and arguments with other tenants, erratic behaviors, illicit drug use, etc.)
Help is available for those with mental health and/or substance use disorders, and active participation in treatment can help improve a person’s quality of life and prevent incidents that could lead to eviction.
Participate/encourage your loved one’s participation in other programs that improve housing stability outcomes
Programs like supported employment, clubhouses, and intensive treatment programs like Assertive Community Treatment (ACT) can help those with mental health and substance use conditions maintain stable employment, achieve a fulfilling social life, and engage in activities that promote overall well-being – all of which can help people maintain stable housing.
Consider negotiating an amicable move before legal action is initiated
Sometimes, housing situations just aren’t a good fit. If this is true for you/your loved one, or successfully fighting the eviction notice doesn’t seem likely, you might consider amicably agreeing to leave the home instead of engaging in the legal eviction process with the landlord. Having an eviction notice on your/your loved one’s record can make it difficult to secure housing in the future, and this route would prevent that formal eviction.
During this process, you may wish to use legal/advocacy support to negotiate the amicable move with the landlord so that you/your loved one can try to terminate a lease without paying money for early termination.
Have a housing backup plan
While it’s important to remain hopeful for a favorable outcome, it’s also helpful to have a housing backup plan in case eviction court proceedings do not go your/your loved one’s way.
You may wish to review NAMI HelpLine’s Knowledge Article Where can I find a group home or supported housing? which links resources for finding supported housing and rental assistance programs in your local area. Other strategies for finding local housing programs include contacting your local community behavioral health services, calling your local NAMI, or dialing 2-1-1. Because housing resources are not readily available in many communities, it can be helpful to get on multiple waitlists and call regularly to check on your waitlist status.
If you/your loved one is evicted before you are able to secure stable housing, you may need to consider emergency shelter. The Homeless Shelter Directory provides information on homeless shelters and other social services throughout the country.
More helpful information on eviction prevention can be found in the Homeless & Housing Resource Center’s (HHRC) Eviction Prevention Toolkit for Tenants and Service Providers.