Can a Minnesota assisted living make you leave? Notice periods and how to appeal

First, the short version

A Minnesota assisted living facility cannot simply ask a resident to leave. Since chapter 144G took effect, a facility may end an assisted living contract only for reasons the statute lists, only after holding a meeting with the resident before any notice is issued, and only with a written notice that has to contain nine specific things — including a plain statement that the resident may appeal and the deadline for doing so.

If the resident appeals, an administrative law judge hears the case within days, not months. And the single most important sentence in the whole chapter is short: a termination of housing or services shall not occur while an appeal is pending.

The grounds a facility can use, and the notice each one requires

Minn. Stat. § 144G.52 permits a facility to initiate a termination under three subdivisions only: nonpayment, violation of the contract, and an expedited termination for a short list of safety and scope reasons. Everything else — the resident is difficult, the family complains, the building is being repositioned — is not on the list. Source: Minn. Stat. § 144G.52 — termination of an assisted living contract.

Grounds for terminating a Minnesota assisted living contract, and the deadlines each triggers

Ground	Statute	Written notice before the termination takes effect	Hearing deadline if appealed
Nonpayment of rent, or nonpayment for services	144G.52 subd. 3	30 days	Within 14 calendar days
Violation of a lawful provision of the contract, where the resident did not cure it after written notice of the ability to cure	144G.52 subd. 4	30 days	Within 14 calendar days
Conduct that substantially interferes with the rights, health or safety of other residents	144G.52 subd. 5(a)	15 days	Within 10 calendar days
Conduct that substantially and intentionally interferes with the safety or physical health of facility staff	144G.52 subd. 5(a)	15 days	Within 10 calendar days
Assessed needs exceed the services agreed in the contract and disclosed in the uniform checklist (services only)	144G.52 subd. 5(b)	15 days	Within 10 calendar days
Extraordinary circumstances leaving the facility unable to provide the disclosed services the resident needs (services only)	144G.52 subd. 5(b)	15 days	Within 10 calendar days

Notice periods are minimums measured before the effective date of the termination, under 144G.52 subd. 7. Hearing deadlines are from 144G.54 subd. 3. Subdivision 5 also covers conduct that substantially interferes with the resident’s own health or safety, as a services-only termination, and acts listed in Minn. Stat. § 504B.171.

Termination of services is not the same as termination of housing

This distinction runs through the whole statute and it matters enormously in practice. A facility can terminate the services a resident receives without terminating the housing. Where that happens, the notice must say so, and must state that the resident may stay in the apartment and buy the services they need from a provider of their own choosing. Several of the expedited grounds — assessed needs exceeding the contract, extraordinary circumstances — are services-only grounds. Source: Minn. Stat. § 144G.52 — termination of an assisted living contract.

There is a separate route the statute calls nonrenewal

A facility that decides not to renew housing under a contract must either give 60 calendar days’ notice of the nonrenewal with help planning the move, or follow the termination process in 144G.52 instead. The nonrenewal notice must state the reason and give contact details for the Office of Ombudsman for Long-Term Care, and a copy has to go to that office. Source: Minn. Stat. § 144G.53 — nonrenewal of housing.

The meeting comes before the notice — not after it

This is the step most families do not know exists, and it is the step a facility is most likely to skip. Before issuing a notice of termination, the facility must schedule and participate in a meeting with the resident and the resident’s legal and designated representatives. The purposes are set out in the statute: to explain in detail why the facility is proposing to terminate, and to identify and offer reasonable accommodations, modifications, interventions or alternatives that would let the resident stay — including bringing in services from another provider. Source: Minn. Stat. § 144G.52 — termination of an assisted living contract.

The resident may invite family members, health professionals, a representative of the Office of Ombudsman for Long-Term Care, a representative of the Office of Ombudsman for Mental Health and Developmental Disabilities, or anyone else they choose, and the facility must tell the resident that. For residents on a home and community-based waiver, the facility must also notify the resident’s case manager. Source: Minn. Stat. § 144G.52 — termination of an assisted living contract.

The full timeline, step by step, with the source for each deadline

Step	What has to happen	Deadline	Where it comes from
1. Meeting is scheduled	The facility schedules and takes part in a pre-termination meeting with the resident and their representatives	Before any notice of termination is issued	144G.52 subd. 2(a)
2. Notice of the meeting	MDH describes written notice of the meeting given five business days ahead	Five business days	MDH assisted living contracts FAQ
3. The meeting itself (nonpayment or contract violation)	Reasons explained in detail; alternatives to termination identified and offered	At least 7 days before a termination notice is issued	144G.52 subd. 2(b)
3. The meeting itself (expedited grounds)	Same purposes, compressed timeline	At least 5 days before a termination notice is issued	144G.52 subd. 2(c)
4. Written summary	MDH describes a written summary of the meeting provided to the resident	Within 24 hours of the meeting	MDH assisted living contracts FAQ
5. Termination notice issued	Written notice containing all nine required elements; copy sent to the Ombudsman for Long-Term Care and, for waiver residents, the case manager	At least 30 days (nonpayment or contract violation) or 15 days (expedited) before the effective date	144G.52 subd. 7
6. Appeal requested	Resident requests a hearing from the agency named on the notice	MDH describes a window of 15 to 30 days; the notice itself must state the deadline	MDH FAQ; 144G.52 subd. 8(4)
7. Hearing held	Expedited hearing before an administrative law judge, normally at the facility where the resident lives	No later than 14 calendar days after the Office of Administrative Hearings receives the request — 10 calendar days for expedited terminations	144G.54 subd. 3(a)
8. Recommendation issued	The administrative law judge issues a recommendation to the commissioner	No later than 10 business days after the hearing, or 5 business days for an expedited termination	144G.54 subd. 3(e)

Steps 2 and 4 are how MDH describes the process in its consumer FAQ on assisted living contracts; the statute itself sets the meeting timing in steps 3 and every deadline from step 5 onward. Read against the statute in August 2026.

What to do in the first 48 hours after a notice arrives

A termination notice is designed to make you feel that the decision has already been made. It has not been. The clock that matters is the appeal deadline printed on the notice, and almost everything useful happens in the first two days.

The first 48 hours

Keep the notice itself, and write the date it was received on your own copy. Every deadline runs from dates, and dates are what get disputed.
Find the appeal information on the notice. The statute requires the notice to state that the resident has the right to appeal by requesting a hearing, the time frame for requesting it, and the contact details for the agency the request goes to. Use those, not a number from the internet.
Call the Office of Ombudsman for Long-Term Care on 1-800-657-3591. It is free, it is independent, and the facility is required to put its contact details on the notice for this reason.
Ask the facility, in writing, for the written summary of the pre-termination meeting. If there was no meeting, say so in writing and keep the reply.
If the reason given is nonpayment, check whether a public benefit lapsed. An interruption to a resident’s public benefits lasting no more than 60 days does not count as nonpayment under 144G.52 subd. 3(b).
If the notice followed a switch from private funds to public funds, read subdivision 5a. A facility that has advertised or represented that it accepts public funds must not terminate on that ground.
Ask whether the reason could be resolved by bringing in another provider. Under subdivision 6, a facility may not terminate if the underlying reason can be resolved that way and the resident obtains those services.
If the resident is on a waiver, contact the case manager — the facility is required to notify them, and the case manager can move faster than you can.
Do not move out to be helpful. Moving voluntarily ends the protection that services continue while an appeal is pending.
Start a dated log: who said what, when, and in front of whom. Bring it to the hearing.

While you do all of that, it is reasonable to start looking at alternatives in parallel — not because you expect to lose, but because time is the resource in shortest supply. You can compare licensed assisted living across Minnesota or narrow to where the family actually is, such as Minneapolis or Hennepin County, and see licence numbers and current openings on each listing.

How the appeal actually works

Appeals run through the Minnesota Office of Administrative Hearings, and the process is deliberately quick and deliberately informal. The hearing is not a formal contested case proceeding unless the chief administrative law judge decides it needs to be. It is normally held at the facility where the resident lives. Parties may be represented by a lawyer but are not required to be, and appearing without one does not count as the unauthorised practice of law. Sources: Minn. Stat. § 144G.54 — appeals of contract terminations and Minnesota Office of Administrative Hearings.

The four grounds you can appeal on

There is a factual dispute about whether the facility had a permissible basis to start the termination at all.
The termination would cause great harm, or the potential for great harm, judged on the totality of the circumstances — except where there is a greater risk of harm to other residents or staff.
The resident has cured, or can show they can cure, the reason for the termination — or has identified a reasonable accommodation, modification, intervention or alternative to termination.
The facility terminated the contract in violation of state or federal law.

Who has to prove what

This is worth knowing before you choose which ground to argue, because the burden of proof flips depending on the ground. Source: Minn. Stat. § 144G.54 — appeals of contract terminations.

Burden of proof on appeal, by the ground argued

Ground argued	Who must prove it	Standard
Factual dispute about a permissible basis	The facility	Preponderance of the evidence
Termination violated state or federal law	The facility	Preponderance of the evidence
Great harm or potential for great harm	The resident	Preponderance of the evidence
Cure, ability to cure, or an identified alternative	The resident	Preponderance of the evidence

Minn. Stat. § 144G.54 subd. 4. The two grounds on which the facility carries the burden are the two most families overlook.

Services continue while the appeal is pending

Minn. Stat. § 144G.54 subd. 6 is blunt: a termination of housing or services shall not occur while an appeal is pending. There is one qualification worth understanding rather than being surprised by — if additional services beyond the contract are needed to meet the resident’s health or safety needs during the appeal, the resident is responsible for arranging those and for the cost, either from the facility or from another provider. Source: Minn. Stat. § 144G.54 — appeals of contract terminations.

If the resident wins, the termination must be rescinded. The order may attach conditions to continued residency — a changed service plan, or a required increase in services — so a win can come with obligations attached.

What the facility owes you even if the termination stands

Minnesota does not let a facility terminate and then leave a family to find somewhere by Friday. Under the coordinated move requirement, a facility that terminates a contract must identify a safe and appropriate location before any hearing, must identify an appropriate service provider if services are still needed and wanted, and must consult and cooperate with the resident, their representatives, the case manager for waiver residents, relevant health professionals and anyone else the resident chooses — and document it. Source: Minn. Stat. § 144G.55 — coordinated moves.

What counts as meeting the coordinated move duty

Where the facility is	What the facility must identify	Also required
Inside the seven-county metropolitan area	At least three other facilities willing and able to meet the resident’s service needs, one of them in the metro area	Written documentation that the resident or designated representative consented to move, or expressly refused every option identified
Outside the seven-county metropolitan area	At least two other facilities willing and able to meet the needs; where such a facility exists, one must be within two hours or 120 miles	Same documentation requirement

Minn. Stat. § 144G.55 subd. 1(d). The resident may decline the facility’s options and move somewhere of their own choosing within the timeline in the notice.

A facility may also satisfy the duty by moving the resident to a different location within the same building, where that is appropriate. And separately, sixty days before reducing or eliminating services for a particular resident, the facility must give written notice explaining the reduction and its date.

Where to go next

Two calls do most of the work. The Office of Ombudsman for Long-Term Care — 1-800-657-3591, or 651-431-2555 — is free, covers assisted living, nursing homes and adult foster care, and can advocate for a resident through a termination and an appeal. Minnesota Aging Pathways, the service formerly called the Senior LinkAge Line, is on 1-800-333-2433 for options and benefits; Disability Hub MN is on 1-866-333-2466 for people under 65. Sources: MN Office of Ombudsman for Long-Term Care and Minnesota Aging Pathways (formerly the Senior LinkAge Line), 1-800-333-2433 — Minnesota Board on Aging.

If the underlying problem is care quality or safety rather than the notice itself, that is a different set of phone numbers — our guide to who to call when something is wrong at a Minnesota care home routes each kind of problem to the agency that actually handles it. If you are re-reading the contract to work out whether the facility had a basis at all, start with what a Minnesota assisted living must disclose before you sign.

And if a move is genuinely coming, the practical work is comparing what is open. Browse assisted living, consider adult foster care as a smaller-scale alternative, or look at home care if staying put with services brought in is realistic. Cost is the other half of that decision — see what assisted living actually costs in Minnesota.

Questions people ask

Can an assisted living facility evict you in Minnesota?

Only on the grounds listed in Minn. Stat. § 144G.52 and only with notice: at least 30 days for nonpayment or a violation of the contract, and at least 15 days for an expedited termination such as conduct that substantially interferes with the rights, health or safety of other residents or the safety of staff. A pre-termination meeting must be held before any notice is issued.

Source: Minn. Stat. § 144G.52 — termination of an assisted living contract

How long do I have to appeal an assisted living termination in Minnesota?

MDH describes a window of 15 to 30 days, and the statute requires the termination notice itself to state the time frame for requesting a hearing and the agency to send it to. Use the deadline printed on your notice rather than a general figure, and call the Office of Ombudsman for Long-Term Care on 1-800-657-3591 the same day.

Source: MDH — Assisted Living FAQs: Contracts (Minn. Stat. ch. 144G)

How quickly is an appeal heard?

The Office of Administrative Hearings must hold an expedited hearing no later than 14 calendar days after it receives the request, or 10 calendar days for an expedited termination, unless the parties agree otherwise or the chief administrative law judge finds the timing unreasonable. The judge then issues a recommendation within 10 business days of the hearing, or 5 for an expedited termination.

Source: Minn. Stat. § 144G.54 — appeals of contract terminations

Can they move my mother out while the appeal is still going?

No. Minn. Stat. § 144G.54 subd. 6 states that a termination of housing or services shall not occur while an appeal is pending. If additional services beyond the contract are needed to meet health or safety needs during the appeal, the resident is responsible for arranging and paying for those, from the facility or another provider.

Source: Minn. Stat. § 144G.54 — appeals of contract terminations

Can a Minnesota assisted living terminate my contract because I moved from private pay to Medical Assistance?

Not where the facility has represented or advertised that it accepts public funds, or made a similar representation about being able to stay once private funds run out. That is an impermissible ground under Minn. Stat. § 144G.52 subd. 5a. The resident must tell the facility they intend to apply and must apply in good time.

Source: Minn. Stat. § 144G.52 — termination of an assisted living contract

Does the facility have to help us find somewhere else?

Yes. Under Minn. Stat. § 144G.55 the facility must ensure a coordinated move to a safe, appropriate location identified before any hearing. In the seven-county metro area it must identify at least three facilities willing and able to meet the needs; outside the metro, at least two, one of them within two hours or 120 miles where such a facility exists.

Source: Minn. Stat. § 144G.55 — coordinated moves

What if the facility just refuses to renew the contract instead?

Nonrenewal of housing has its own rule. Under Minn. Stat. § 144G.53 the facility must either give 60 calendar days’ notice with help planning the move, or follow the full termination procedure in 144G.52. The nonrenewal notice must state the reason, and a copy must go to the Office of Ombudsman for Long-Term Care.

Source: Minn. Stat. § 144G.53 — nonrenewal of housing

Sources

This guide was last checked against these sources on August 14, 2026. RightCare MN is a Minnesota care directory, not a clinical, legal, or financial adviser — this is general information, not advice about your situation. Programs, rates, and rules change; confirm anything you are relying on with the agency directly before you act on it.