Can Seniors Be Evicted from Assisted Living in Texas?

 Posted on November 07, 2025 in Elder Law

Most families who have gone through the emotional process of placing a loved one in an assisted living facility have never even considered the possibility that their loved one could be evicted from the facility. Unfortunately, this happens more often than you might think. Whether due to increasing care needs, missed payments, or alleged behavioral issues, senior evictions exist in a legal gray area between healthcare regulation and landlord-tenant law.

Texas law permits licensed assisted living centers to discharge or transfer elderly residents under specific conditions, provided that strict notice and due process rules are followed as outlined in the Texas Health and Safety Code, Section 247.  Understanding when an eviction is legal, the rights residents have, and how to challenge an improper eviction while protecting your loved one can benefit from consulting with an experienced Denton County, TX, elder law attorney.

Why Are Assisted Living Evictions on the Rise in Texas?

Assisted living eviction rates in Texas are rising, primarily due to the lack of affordable housing. The state, like most states, has a significant shortage of affordable housing options. This makes it difficult for seniors to find new accommodations following an eviction. The expiration of federal and state eviction moratoriums has also removed a layer of protection for residents. Other reasons assisted living evictions are on the rise include:

• Facilities may prioritize admitting or retaining residents who can pay more, potentially evicting residents on Medicaid.
• Facilities may evict residents when their health or behavioral needs become too labor-intensive.
• Assisted living facilities, unlike nursing homes, have fewer federal regulations regarding resident discharge.
• Without the same federal protections as nursing homes, assisted living residents have less recourse when facing eviction.
• Assisted living facilities may face staffing shortages and insurance pressures.
• More residents with dementia or medical conditions that exceed the assisted living care level can result in evictions.

Health Care vs. Housing Laws in Texas for Assisted Living Facilities

Assisted living facilities are not licensed under the Texas Property Code; rather, they are licensed under the Texas Health and Safety Code Chapter 247. Residents in an assisted living facility are not tenants in the ordinary sense, so an eviction is governed by discharge procedures rather than landlord-tenant eviction suits. However, some assisted living facilities misuse court eviction filings, which can violate healthcare regulations. The regulatory oversight in this case is the Texas Health and Human Services Commission (HHSC).  

When Can an Assisted Living Facility Legally Discharge or Evict a Tenant?

Facilities may discharge a resident of an assisted living facility only for these legally recognized reasons:

• Non-payment for services following a reasonable notice.
• The resident has medical needs that exceed the facility’s licensed care level.
• The resident poses a danger to others.
• The facility has ceased operations or lost its license.
• A resident repeatedly violates written policies.

Each of these issues must be comprehensively documented, with certification from a physician or administrator when health reasons are cited. There must be at least 30 days’ written notice for non-emergency discharges that include the reason for the discharge, the effective date, locations or options for alternative placement, and contact information for the Texas Long-Term Care Ombudsman. Emergency removals are permitted only if the resident poses an immediate risk, and written notice must be provided within 24 hours.

Contact a Flower Mound, TX Elder Law Attorney

If your loved one has received an eviction or discharge notice from a Texas assisted living facility, you may have more rights than the facility is telling you about. Do not sign any paperwork or consent to removal without a full understanding of your legal options.

A skilled Denton County, TX nursing facility eviction lawyer from Colbert Law Group PLLC can review the discharge, contact regulators, and fight for your loved one’s right to safe, stable housing. Attorney Colber has served as an administrative law judge, as well as a tribal judge for the Chickasaw Indian Nation. Call 972-724-3338 to schedule your initial attorney meeting.