Navigating a Sensitive Legal and Ethical Dilemma
The rising prevalence of Alzheimer's disease and other forms of dementia presents significant challenges in the housing sector. Landlords, property managers, and even family members often find themselves in the difficult position of managing a tenancy where an individual's cognitive decline affects their ability to live independently. The core question of whether you can evict someone with Alzheimer's is not straightforward; it is governed by federal, state, and local laws designed to prevent housing discrimination against individuals with disabilities.
The Fair Housing Act (FHA): A Primary Shield for Tenants
The most critical piece of legislation in this context is the federal Fair Housing Act (FHA). The FHA prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, national origin, religion, sex, familial status, and disability.
Key points regarding the FHA include:
- Disability Definition: Alzheimer's disease and other forms of dementia are recognized as disabilities under the FHA. This means tenants with these conditions are a protected class.
- Prohibition of Discrimination: A landlord cannot evict a tenant because they have Alzheimer's. Doing so would be a clear violation of the FHA.
- Reasonable Accommodations: The FHA requires landlords to provide "reasonable accommodations" for tenants with disabilities. This means making changes in rules, policies, practices, or services to afford the person with a disability an equal opportunity to use and enjoy a dwelling.
What Constitutes a "Reasonable Accommodation"?
A reasonable accommodation is a change that does not impose an undue financial and administrative burden on the landlord or fundamentally alter the nature of the housing. Examples for a tenant with Alzheimer's could include:
- Allowing a live-in caregiver to reside in the unit, even if it violates a general occupancy policy.
- Providing reminders for rent payments or property inspections.
- Working with family members or social workers to address issues before they escalate.
A landlord is entitled to request verification from a medical professional that the accommodation is necessary due to the disability, but they cannot inquire about the specifics of the diagnosis.
When Eviction May Be Legally Permissible
Despite these strong protections, there are specific situations where eviction might be legally pursued. These circumstances are narrowly defined and require substantial documentation.
The "Direct Threat" Exception
The primary exception under the FHA is if the tenancy creates a "direct threat" to the health or safety of other residents or would result in substantial physical damage to the property of others. A landlord cannot base this on stereotypes or speculation about Alzheimer's. They must have objective, observable evidence of overt acts.
For example, if a tenant repeatedly leaves the stove on, causes floods, or exhibits aggressive behavior towards neighbors that cannot be mitigated through reasonable accommodations, a landlord may have grounds to begin eviction proceedings. The key is demonstrating that the risk cannot be eliminated by working with the tenant, their family, or support services.
Non-Disability Related Lease Violations
A person with Alzheimer's can be evicted for reasons unrelated to their disability, such as:
- Failure to Pay Rent: While a landlord might be required to provide reminders as a reasonable accommodation, if rent continues to go unpaid and no arrangement can be made, eviction is possible.
- Criminal Activity: Engaging in illegal activities on the property is grounds for eviction.
- Other Material Breaches: Violating other significant clauses of the lease that are not linked to the cognitive impairment.
Lawful vs. Unlawful Eviction Reasons: A Comparison
| Lawful Grounds for Eviction (with Documentation) | Unlawful Grounds for Eviction |
|---|---|
| Posing a documented "direct threat" to others' safety. | The tenant received an Alzheimer's diagnosis. |
| Causing substantial, ongoing property damage. | Neighbors are uncomfortable with the tenant's behavior. |
| Consistent failure to pay rent after accommodations fail. | The tenant is forgetful or occasionally confused. |
| Violation of a major lease term unrelated to disability. | The landlord assumes the tenant will become a problem. |
The Legal Eviction Process
Even if a landlord believes they have a valid reason, they cannot simply lock the tenant out. They must strictly follow the legal eviction process dictated by state and local laws. This typically involves:
- Written Notice: Providing a formal written notice to the tenant, explaining the reason for the potential eviction and giving them an opportunity to cure the issue (if applicable).
- Filing an Eviction Lawsuit: If the issue is not resolved, the landlord must file a lawsuit (often called an unlawful detainer action) in court.
- Court Hearing: Both the landlord and tenant have the right to present their case to a judge. The landlord must provide their evidence, and the tenant can raise defenses, such as discrimination under the FHA.
- Court Order: Only if the judge rules in the landlord's favor can the tenant be legally removed by law enforcement.
Alternatives to Eviction
Eviction should always be the last resort, given the emotional, ethical, and legal complexities. Proactive and compassionate alternatives are often more effective:
- Mediation: Involving a neutral third party to facilitate a conversation between the landlord, tenant, and family members to find a workable solution.
- Involving Support Systems: Contacting the tenant's emergency contacts, family, or Adult Protective Services (APS) to coordinate a higher level of care.
- Transitioning to a Higher Level of Care: The most humane solution is often helping the family find a suitable memory care or assisted living facility that can meet the tenant's evolving needs. For more information, you can consult resources like the U.S. Department of Housing and Urban Development (HUD).
Conclusion: A Path of Caution and Compassion
While you can legally evict someone with Alzheimer's under specific, highly regulated circumstances, the process is fraught with legal risk and ethical considerations. The FHA provides robust protections that prioritize keeping individuals with disabilities in their homes. Landlords must focus on documented evidence, explore all reasonable accommodations, and engage in open communication with the tenant's support network. Ultimately, the goal should be to ensure the safety and well-being of both the individual tenant and the entire community, which often means finding supportive solutions rather than resorting to a court-ordered removal.
