Mason Delacroix
Living with an alcoholic can be challenging, and sometimes the relationship can be abusive. If you are experiencing any form of abuse, it is a sign that you need to examine your situation and take action. Substance use disorder sufferers may experience mental health problems, which may make them violent toward others or themselves, or prompt them to use poor judgment that could be harmful. If you are a landlord, you must go through the proper eviction channels to remove an alcoholic tenant. If you are a family member, you need to consider the impact on your relationship with the alcoholic and deal with the negative emotions associated with kicking them out. In both cases, it is best to get legal advice and support from others.
How to kick an alcoholic out of the house
| Characteristics | Values |
|---|---|
| Emotional attachment | The situation may be more complex due to emotional attachment, especially if the alcoholic is a spouse or child. |
| Evidence | Filmed footage, paraphernalia, pictures, or sworn testimonies about the tenant’s alcohol use can strengthen the case for eviction. |
| Legal advice | It is important to consult an attorney or legal professional, as kicking someone out can have legal ramifications and vary across states. |
| Safety | If the alcoholic is engaging in abusive or destructive behavior, it may be necessary to take drastic measures to protect oneself and other family members. |
| Treatment | It is recommended to encourage the alcoholic to seek treatment and support, such as rehab centers or recovery residences. |
| Communication | Civil communication and explanation of the impact on mental and physical health may help the alcoholic understand the need to leave. |
| Restraining order | In some cases, filing a restraining order and involving the police may be necessary for the safety of the family. |
| Support for enablers | If other family members are enabling the alcoholic, they may benefit from support groups or therapy, especially those specializing in addiction. |
| Alternative housing | It is important to consider the alcoholic's right to housing and explore alternative living arrangements, such as sober living residences. |
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What You'll Learn
Understand the legal ramifications and your rights
Kicking an alcoholic family member out of the house can be morally and legally difficult. People have a right to their homes and living spaces. Eviction can result in legal ramifications and repercussions. Therefore, it is crucial to take the right steps to protect yourself, your family, and your home.
Firstly, it is important to understand the laws in your area before making a formal eviction notice. Laws vary heavily by state, so it is recommended to contact a lawyer to discuss your options and the likely outcomes. If you are a homeowner, you can take action against a person using drugs or alcohol in your home. Most lease agreements allow for termination due to drug use or other illegal activities on the premises. If the alcoholic is not living with a lease agreement, you have the right to ask them to leave or ultimately seek eviction.
If the alcoholic is a family member, your approach may vary depending on your relationship with them. If they are a minor, you may want to consider other steps instead of kicking them out of the house. In some states, it is legal to place your child into rehab against their will, especially if they are still under your consent. Consulting a legal team, law enforcement professionals, and a competent rehab that can stage an intervention can help you take the necessary steps.
If the alcoholic is an adult child, there are states that claim that you do not have to provide for their needs. In this case, you can legally evict them. If they have displayed disruptive or violent behaviour and may continue to do so in the future, you may have grounds for eviction. However, if the alcoholic is a co-owner of the house, it is highly unlikely that you will be granted an order of sole occupancy without significant restrictions.
If the alcoholic is a tenant, you may have a much easier time kicking them out. For example, if you used a contract that explicitly states that the use of illegal drugs breaks the contract, you have legal grounds to kick them out. You will need to give them a written notice that states their eviction date and the reason for their eviction. Then, you will need to file an unlawful detainer lawsuit with your local court. After the court has issued a writ of possession, you can have the sheriff's department escort them off the property.
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Gather evidence of alcohol abuse
When gathering evidence of alcohol abuse, it is important to note that the more evidence, the better. The credibility of a witness account in court is determined by the witness's perceived competence, trustworthiness, and consistency with other evidence presented. Witness accounts, documented incidents, and expert testimonies are all crucial pieces of evidence that can strengthen your case.
- Medical records: These can provide evidence of any alcohol-related illnesses or injuries, as well as any diagnoses of alcohol use disorder or related health issues.
- Police reports: Incidents such as DUI arrests or domestic violence reports can be included in police reports.
- Court-mandated treatment records: Records of any court-ordered alcohol treatment programs can demonstrate a parent's commitment to sobriety.
- Witness testimonies: These can provide firsthand accounts of the parent's alcohol-related behaviour. It is important to ensure that witnesses are prepared to provide clear, concise, and honest testimonies, as well as understand their role in the case.
- Statements from friends, family, and neighbours: Collecting statements from individuals who have observed the parent's behaviour can support your claims.
- Financial records: These can indicate frequent or significant alcohol expenditures, such as purchases made at liquor stores or bars.
- Social media content: Posts on a parent's social media pages or tags involving them could reveal signs of intoxication or alcohol use.
- Voicemails, texts, and emails: Incoherent communications can illustrate a parent's conduct while under the influence or seeking alcohol.
- Alcohol testing: EtG tests (ethyl glucuronide), breathalysers, and other reliable methods can substantiate claims of alcoholism.
- Remote alcohol monitoring systems: Systems like Soberlink provide court-admissible evidence by monitoring a parent's blood alcohol content, even during visits with the child.
It is important to note that consulting with a legal professional is crucial to ensure that all evidence is properly documented and admissible in court.
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Seek legal and law enforcement assistance
Seeking legal and law enforcement assistance is crucial when evicting an alcoholic family member or tenant to ensure you are complying with the law and protecting yourself from any legal repercussions. The specific laws and procedures for eviction vary depending on your location, so it is essential to consult with a lawyer or legal professional familiar with the laws in your state or country.
Understanding Your Rights and the Law:
- Research and understand the laws in your specific state or country regarding eviction. Each jurisdiction has different regulations, and it is essential to know your rights and obligations as a landlord, family member, or roommate.
- If the alcoholic is a family member, be aware that parents are generally not legally required to provide for the needs of their adult children. However, if the family member is a minor, the situation becomes more complex, and you may need to explore other options besides eviction.
- If the alcoholic is a tenant, understand the protections they have against eviction. For example, in some jurisdictions, alcoholism is considered a disability, and landlords must follow specific procedures to avoid discrimination claims.
Gathering Evidence:
- Collect evidence of the alcoholic's substance abuse, disruptive behaviour, or any threats or violence they have inflicted on you or other family members. This evidence can include filmed footage, photographs, paraphernalia, and sworn testimonies.
- If the alcoholic is a family member, document any instances of abuse, including physical, emotional, or sexual abuse. This evidence will be crucial in building a case for an order of exclusive occupancy or a restraining order.
Consulting Legal Professionals:
- Consult with a lawyer or legal professional to discuss your specific situation and the best course of action. They can advise you on your rights, the applicable laws, and the potential outcomes of your actions.
- If you are a landlord, consider seeking legal advice before beginning the eviction process to ensure you are following the proper procedures and protecting yourself from potential discrimination claims.
Involving Law Enforcement:
- If the alcoholic poses a threat to you or others, do not hesitate to involve law enforcement. They can help ensure your safety and provide support during the eviction process.
- In many jurisdictions, law enforcement officers are required to oversee the eviction process to ensure it is carried out peacefully and lawfully.
Remember, seeking legal and law enforcement assistance is crucial to protect yourself, your family, and your property during the eviction process. Each situation is unique, and it is always best to consult with a legal professional to ensure you are taking the appropriate steps.
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Protect yourself and your family
Protecting yourself and your family is paramount when dealing with an alcoholic family member. If you are experiencing any form of abuse—whether physical, sexual, or emotional—it is a sign that you need to examine your situation and take action as soon as possible. Substance use disorder sufferers may experience mental health problems, which may make them violent toward others and themselves or prompt them to use poor judgment that could be harmful.
If you have children, it is crucial to understand that children who live with parents or adults who abuse substances are likely to suffer from neglect, maltreatment, and less secure attachments. If you don’t want to risk psychological damage to minors living in your house, take measures to keep them safe.
If you are a landlord or homeowner, you must follow the proper eviction channels. Learn the laws in your area before making a formal eviction notice. Present evidence such as filmed footage, paraphernalia, pictures, or sworn testimonies about the tenant’s alcohol or drug use to strengthen your case. If the alcoholic is a family member, it is best to get legal advice and support from others. Unlike a tenant, who is bound to follow the rules and regulations of a lease, families don’t have such documents. Therefore, it helps to talk to an attorney about when, why, and how to legally remove an alcoholic from your home.
If you are unable to evict the alcoholic or are concerned about their well-being, you can try to get them into treatment. SAMHSA’s National Helpline is a free, confidential referral and information service for individuals and families facing mental and/or substance use disorders. They can provide referrals to local treatment facilities, support groups, and community-based organizations.
If the alcoholic is a family member, you may also want to attend support groups for families and friends of alcoholics, such as Al-Anon.
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Get the alcoholic treatment
Getting treatment for alcohol use disorder (AUD) is a courageous step towards recovery. AUD is a common medical condition that affects millions of people, and it is important to remember that it is not a choice or character flaw. Treatment options have advanced significantly over the years, and there is no one-size-fits-all solution. Here is a detailed guide to help you or your loved one get the necessary treatment:
Diagnosis and Understanding the Condition
The first step is to consult a healthcare provider, such as a doctor or a specialist, who can perform a physical examination and diagnose the severity of the condition. AUD can be mild, moderate, or severe, and understanding the extent of the disorder is crucial for determining the right treatment plan. Be honest and open about your drinking habits and any associated problems to aid in accurate diagnosis and treatment planning.
Treatment Options
Treatment for AUD typically involves a combination of therapies, medications, and support groups. Here are some of the options available:
- Behavioural Treatment/Therapy: This type of treatment focuses on changing drinking behaviour through counselling. Cognitive behavioural therapy (CBT) is one such approach, where individuals learn to change their thinking and behaviours that lead to drinking.
- Motivational Enhancement Therapy: This form of talk therapy leverages an individual's internal strengths to encourage and motivate change.
- 12-Step Facilitation Therapy: This approach is often used in conjunction with counselling to increase active involvement in 12-step-based mutual support groups, such as Alcoholics Anonymous.
- Acceptance and Mindfulness-based Interventions: These interventions increase awareness and acceptance of present-moment experiences, promoting flexible responses to triggers that can prompt drinking.
- Medications: While there is no medication that can "cure" AUD, certain drugs can aid in recovery. For example, Disulfiram discourages drinking by causing unpleasant symptoms when alcohol is consumed, while Acamprosate helps with cravings, and Naltrexone blocks the "high" associated with drinking.
Choosing the Right Treatment
The choice of treatment depends on the individual's specific needs and goals. Inpatient treatment, where the person stays full-time in a clinic, hospital, or detox centre, is often recommended for severe cases of AUD or when there is a need for close medical supervision during withdrawal. Outpatient treatment, on the other hand, allows individuals to live at home and attend a treatment centre during the day, which can be suitable for mild to moderate AUD.
Support Systems
Support groups, such as Alcoholics Anonymous, SMART Recovery, and other programs, can be incredibly beneficial during and after formal treatment. These groups provide understanding, advice, and accountability, helping individuals stay on track and connected to a supportive community as they reintegrate into daily life.
Confidential Resources
If you are seeking resources or information about treatment options, there are confidential helplines and services available, such as the SAMHSA's National Helpline, which offers free and confidential treatment referral and information services for individuals and families facing substance use disorders.
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Frequently asked questions
If your alcoholic family member refuses treatment and exhibits abusive behaviours, you are left with few options. It is best to get legal advice and support from others.
Laws vary depending on the state or country. It is best to consult an attorney or legal professional about how to kick an alcoholic out of your house. If the alcoholic is a tenant, a landlord must go through the proper eviction channels and prove that the person broke rules and regulations or poses a threat.
Kicking someone out will result in repercussions and will have legal ramifications. It is important to take the right steps to protect yourself, your family, and your home.
If you are experiencing any form of abuse—whether physical, sexual, or emotional—this is a sign that you need to examine your situation and take action as soon as possible. Another glaring sign that indicates you should consider kicking a loved one out of the house is their unwillingness to change.
