Can Nursing Homes Legally Evict Residents? Exploring Your Rights and Defenses in 2026

Can Nursing Homes Legally Evict Residents? Exploring Your Rights and Defenses in 2026

Navigating nursing home evictions can be a stressful experience for residents and their families. While nursing homes can, under certain circumstances, legally evict residents, there are strict regulations in place to prevent wrongful evictions and protect residents' rights. Understanding these rights and the defenses available to you is essential to ensuring that you or your loved one is treated fairly.

When Can a Nursing Home Legally Evict a Resident?

Under federal law, particularly the Nursing Home Reform Act (NHRA) of 1987, nursing homes that accept Medicare or Medicaid funding must follow specific rules when evicting a resident. A nursing home can legally evict a resident only for the following reasons:

1. Nonpayment of fees: If a resident fails to pay for their care (and has not applied for Medicaid or other assistance), the facility may initiate eviction proceedings.
2. Resident no longer needs care: If a physician determines that the resident no longer requires the level of care provided by the nursing home, relocation may be justified.
3. Resident endangers others: If the resident poses a threat to the health or safety of other residents or staff, the facility may have grounds for eviction.
4. Facility cannot meet the resident's needs: If the nursing home is unable to provide adequate care for the resident, an eviction may be considered.
5. Facility closure: If the nursing home is shutting down, residents may be required to relocate.

Federal Protections Against Wrongful Evictions

The NHRA establishes essential protections to ensure nursing home residents are not unlawfully evicted. Key provisions include:

• Advance written notice: Nursing homes must provide at least 30 days' written notice before an eviction. This notice must include the reason for the discharge, the proposed discharge location, and information on how to appeal the decision.
• Right to appeal: Residents have the right to appeal eviction decisions through their state’s long-term care ombudsman program or other regulatory agencies.
• Safe discharge planning: Facilities must ensure the discharge is safe and that the resident is transferred to an appropriate facility or setting.

Common Defenses Against Nursing Home Evictions

If you or a loved one is facing eviction from a nursing home, you may be able to challenge the decision. Common defenses include:

• Improper notice: If the nursing home fails to provide the required 30 days’ notice, the eviction may be invalid.
• Lack of justification: The nursing home must prove that the eviction falls under one of the legally permitted reasons.
• Failure to provide proper care: If the facility claims it cannot meet the resident’s needs, you may argue that they have a duty to provide reasonable accommodations.

Steps to Take If You’re Facing Eviction

If you or a loved one is facing eviction from a nursing home, here are some steps to consider:

1. Review the eviction notice: Ensure it complies with federal and state regulations and states a valid reason for the eviction.
2. Contact the state’s long-term care ombudsman: Ombudsmen can provide free assistance, investigate complaints, and help resolve disputes with the facility.
3. File an appeal: If you believe the eviction is unjust, you can appeal the decision through your state’s appeals process.
4. Seek legal assistance: Consult an elder law attorney to better understand your rights and options.

What Happens If a Nursing Home Closes?

When a nursing home decides to close, it must follow specific protocols to ensure residents are transitioned safely. Federal regulations require facilities to provide a 60-day notice and assist residents in finding alternative care. If you are affected by a nursing home closure, work closely with the facility, ombudsman, and local resources to secure a suitable placement.

Frequently Asked Questions

Can a nursing home evict a resident without notice? No, federal law requires nursing homes to provide at least 30 days' written notice before evicting a resident, except in cases of emergencies involving immediate threats to health or safety.

What should I do if I receive an eviction notice from a nursing home? Start by reviewing the notice carefully to understand the reasons for eviction. Contact your state’s long-term care ombudsman for assistance, and consider consulting an elder law attorney to explore your legal options.

How can I stop a wrongful nursing home eviction? You can file an appeal through your state’s regulatory agency or long-term care ombudsman. Document any violations of your rights and seek legal assistance to build your case.

Can a nursing home evict a Medicaid recipient? Nursing homes cannot evict residents solely because they transition to Medicaid. However, they may initiate eviction for other valid reasons, such as nonpayment prior to Medicaid approval or if they cannot meet the resident's care needs.

What is the role of a long-term care ombudsman? A long-term care ombudsman advocates for residents of nursing homes, investigates complaints, and helps resolve disputes between residents and facilities, often at no cost.

Disclaimer: This content is provided for informational and educational purposes only and is not legal advice. Use of this article, the app, or the website does not create an attorney–client relationship. Laws vary by jurisdiction and may change over time. The information provided may not reflect the most current legal developments and is provided without any warranties of accuracy or completeness. You should always seek the advice of a licensed attorney or qualified legal professional in your jurisdiction for any legal matter. If you are in an emergency or dangerous situation, please contact law enforcement or call 911 immediately.