Can an assisted living facility kick someone out?

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It’s not uncommon for an assisted living facility to try to force a resident out, or to refuse to renew the person’s lease.

The facility might believe that the resident’s condition has deteriorated and it can no longer provide adequate care. However, it might also want to reject someone who is participating in Medicaid, or whom it views as a “troublemaker.”

If you believe an assisted living discharge is unfair, it might be possible to fight it. The legal rules, however, are often unclear.

In some states, landlord-tenant law applies. If the “landlord” wants to evict someone, it must go to court, and both sides can argue their case before a judge.

Some states have specific legal procedures by which you can object to a discharge. You might be able to file a complaint with the state licensing board, or get an administrative hearing.

Sometimes, it’s possible to claim that an eviction is “disability discrimination.” For example, if you’re being discharged because you’re now in a wheelchair and your apartment doesn’t have a ramp, you might be able to argue that the facility is legally required to install a ramp.

In any case, if an eviction really is unfair, the facility might be willing to compromise with you rather than go to court.

However, fighting a discharge successfully is difficult, and it’s best to consult with a lawyer about your rights rather than trying to handle it on your own.