The short answer: Yes, a Florida assisted living facility can end a resident's stay, but it has to follow the law. In most cases the facility must give at least 45 days' notice, put its reasons in writing, and tell you how to reach the State Long-Term Care Ombudsman Program. The only exceptions are a physician-certified emergency move to a more skilled level of care, or a resident whose conduct is harmful or offensive to other residents. Ending a residency without notice for any other reason requires the facility to show good cause in court.
Here is what the rules say, where families have more protection than they realize, and where they have less.
What does Florida law require before a resident has to leave?
The rule is in the residents' bill of rights, s. 429.28(1)(k), Florida Statutes. Every resident has the right to:
"At least 45 days' notice of relocation or termination of residency from the facility unless, for medical reasons, the resident is certified by a physician to require an emergency relocation to a facility providing a more skilled level of care or the resident engages in a pattern of conduct that is harmful or offensive to other residents."
The same section requires that:
- the reasons be set out in writing and given to the resident or their legal representative;
- the notice say the resident may contact the State Long-Term Care Ombudsman Program for help with relocation, and include its toll-free number;
- if a resident has been declared mentally incapacitated, the guardian also receives 45 days' notice of a non-emergency move;
- to end a residency without that notice, the facility "shall show good cause in a court of competent jurisdiction."
What reasons can a facility give?
Florida law requires the reasons to be in writing, but unlike the federal rules for nursing homes, it does not list which reasons are allowed. In practice, the most common one comes from the state's continued-residency rules: a resident must be discharged under s. 429.28 if they "no longer meets the criteria for continued residency, or the facility is unable to meet the resident's needs" (rule 59A-36.006).
Those criteria include not needing 24-hour nursing supervision, not being bedridden for more than 7 consecutive days (14 in a facility with an Extended Congregate Care license), and not having stage 3 or 4 pressure sores, among others. Residents receiving licensed hospice care are an exception. A facility's specialty license changes where the line falls, which our guide to Florida assisted living license types explains.
Other reasons, such as unpaid bills, depend on your residency contract. Read the termination section before you sign, and ask the facility to explain it in plain language.
Can a facility retaliate if we complain?
No. Under s. 429.28(5), a facility or its employees "may not serve notice upon a resident to leave the premises or take any other retaliatory action" against anyone who exercises their rights, testifies, or files a complaint. If a facility can't show good cause in court for such a notice, it faces a $2,500 fine.
Every facility must also have a written grievance procedure, and residents may present grievances without reprisal.
Is there a hearing or appeal?
This is where assisted living differs most from a nursing home.
- Nursing home residents get 30 days' notice and the right to a fair hearing; asking for one within 10 days puts the discharge on hold (s. 400.0255).
- Assisted living residents have no administrative hearing right in Chapter 429. Their protections are the 45-day notice, written reasons, the ban on retaliation, and the requirement that the facility go to court to evict without notice.
That makes the Ombudsman especially important. The Florida Long-Term Care Ombudsman Program is free, confidential and independent of the facility, and can help you understand the notice, negotiate with the facility, and find another placement.
What if my parent goes to the hospital? Will they be able to come back?
Not automatically. Florida law only protects a bed if the facility agrees to hold it (s. 429.24), and every facility must have a written bed-hold policy. Ask for it at move-in, and ask before a planned hospital stay whether your parent's room will be held and what it costs.
If a facility says your parent can't return after a hospital stay, ask it to explain in writing how that fits the 45-day notice rule, and call the Ombudsman. The law doesn't spell out this situation, so get help before agreeing to anything.
What about money: refunds, notice from our side, and rate increases?
Florida's contract rules in s. 429.24 protect residents who leave:
- The contract must provide at least 30 days' written notice of a rate increase.
- A resident can't be required to give more than 30 days' notice to move out.
- The facility must give a prorated refund for any unused part of a payment beyond the move-out date, within 45 days after a transfer, discharge or death. The move-out date is when the unit is vacated and cleared of belongings.
- If the facility claims part of the refund, it must give you at least 14 days to respond. A facility that breaks the refund rules can be fined three times the amount owed.
- Facilities with 60 or more apartments may use a landlord-tenant lease instead, but it must end automatically, without penalty, on the resident's death, psychiatric hospitalization or a move for medical reasons.
Our guide to contract clauses to read before signing covers what to look for in the termination and refund sections.
What should families do when a discharge notice arrives?
- Read the date and the reasons. Check that you received at least 45 days' notice and that the reasons are in writing.
- Call the Ombudsman: 1-888-831-0404. They can review the notice with you and talk to the facility.
- Ask for a care conference. Sometimes adding home health, hospice or private aides lets a resident stay. Ask what would need to change.
- Ask the physician. If the reason is medical, get your parent's doctor to review whether the facility's assessment is accurate.
- Start looking early. If a move is needed, look for a facility whose license fits your parent's needs so you don't face a second move soon after. Our Florida directory lists 3,006 licensed facilities across 54 counties.
If your parent has no one to represent them, Florida's rules require the facility to refer them to a social service agency for placement (rule 59A-36.018).
Who can I call for help?
Florida's rules list these numbers (rule 59A-36.007):
| Who | What they do | Phone |
|---|---|---|
| Long-Term Care Ombudsman Program | Free advocacy for residents, including discharge disputes | 1-888-831-0404 |
| AHCA Consumer Hotline | Complaints about licensed facilities | 1-888-419-3456 |
| Florida Abuse Hotline | Suspected abuse, neglect or exploitation | 1-800-962-2873 |
| Disability Rights Florida | Legal advocacy for people with disabilities | 1-800-342-0823 |
Knowing these rules before move-in matters as much as knowing them in a crisis. When you tour, ask how often the facility has asked residents to leave in the past year, and why.
