Can You Refuse to Lease to a Tenant With a Mental Illness?
Updated 19 days ago (March 6, 2026)
The only instance where you can refuse to rent to a tenant with a mental illness is if the tenant is a direct threat to the safety or well-being of other individuals. Similarly, the same rule applies to potential substantial physical damage to the property of others.
Therefore, you as a landlord must consider the following factors while assessing whether the tenant poses a direct threat:
The nature and severity of the risk of injury
The likelihood of injury
Whether providing reasonable accommodation can eliminate the direct threat
Whether the tenant's medical treatment has eliminated the direct threat
If only after assessing these conditions and reaching the conclusion that the individual indeed poses a direct threat to others, you may reject their application.
Similarly, the same rules apply for the termination of a lease contract.
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
State-by-State Guide
Laws on this topic vary significantly by state. Select a state below to read about its specific laws and statutes.