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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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I recently moved my mother from an Assisted Living Facility

Customer Question

I recently moved my mother from an Assisted Living Facility (ALF). The ALF contract stated the move has to include a 30 day notice, or another month's rent is due. The contract also vaguely indicated the 30 day notice is not needed if the facility cannot meet the resident's medical needs.
I was informed by the facility that they would not meet one of my mother's recurring medical needs. Without giving the 30 day notice, I moved her to a facility that does meet that medical need.
Now the former facility is seeking payment for one month's additional rent after she moved. What is my legal obligation?
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
I was informed by the facility that they would not meet one of my mother's recurring medical needs.

How were you informed and is this a material medical need?
Customer: replied 5 years ago.
I was informed verbally by the facility that they would not meet this particular medical need. The medical need is as follows: an MD prescription to apply a lymphodema pump to both legs daily. I trained an employee of the facility on applying the device. The vendor for the device offered to train staff on applying the device.
Expert:  lwpat replied 5 years ago.
I was informed verbally by the facility that they would not meet this particular medical need.

That is probably going to be your problem, you have nothing in writing. However, you do have the offer from the vendor as evidence so you should prevail. The problem is that they will probably turn this over to a collection agency. The only way I have ever been able to get something like this straight is to sue them in small claims for the amount they claim is owed.