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Assisted Living Contract Checklist

By the CareCheck editorial team · Updated · How we fact-check

Key takeaways

  • An assisted living agreement runs 15–40 pages; the parts that matter for cost and security are rarely near the front.
  • Work in decision order: parties and guarantor language, base fee and inclusions, care levels, rate increases, move-in fees, discharge and refunds, then legal terms.
  • For every blank or bracketed clause — especially a rate-increase cap — assume there is no protection and ask.
  • Get the base fee and full fee schedule for the specific apartment in writing before anyone signs.

An assisted living agreement is usually long, and the parts that matter most for cost and security are rarely near the front. This checklist walks through them in the order that affects a family's decision.

1. Who the parties are

Confirm the resident's legal name, the community's legal entity name (it is often a holding company, not the brand on the sign), and whether anyone is being named as a responsible party or guarantor. That role can carry financial obligations — read it before anyone signs it.

2. The base fee and exactly what it includes

Find the base monthly fee for the specific apartment, not the "starting at" price in the brochure. Then find the list of what the base fee includes — meals, housekeeping, laundry, utilities, cable, transportation. Anything not on that list is likely billed separately. Watch for a service described as "included" in one document and priced in another; that gap is worth a written question.

3. Care levels and how they are set

Care is usually priced in tiers or by points from an assessment. Find the current tier, its monthly cost, the full table of tiers, and — importantly — who decides when the tier changes and how much notice you get before the higher charge starts. See hidden and additional fees for the charges that live outside the care tiers.

4. Rate increases

Look for how often the community can raise fees, how much notice it gives, and whether there is any stated cap on the increase. Many agreements set no maximum. Also check for mid-year adjustment rights tied to care level, taxes, or costs. Our guide to rate increases covers what to model.

5. Move-in costs

Community fee (often non-refundable), security deposit (often refundable), assessment fee, first-month proration, and any apartment-hold fee. Confirm which are refundable and on what timeline. If you received a written offer, check that its numbers match the agreement.

6. Move-out, discharge, and refunds

How much notice must the resident give to leave? On what grounds can the community end the agreement, and with how much notice? What is refunded if the resident leaves mid-month or is hospitalized? See move-out and discharge terms.

7. Legal terms

Arbitration clauses, jury-trial and class-action waivers, attorneys'-fee provisions, and the governing state. These do not change the monthly cost but they change what happens if something goes wrong.

Questions worth asking in writing

  • Can you give me the base fee and full fee schedule for this specific apartment in writing?
  • What is the maximum you can raise fees in a year, and where does the agreement say that?
  • Which move-in charges are refundable, and on what timeline?
  • How much notice do we get before a care-level fee increase takes effect?

Have the actual documents?

CareCheck reads the residency agreement, fee schedule, care assessment, and any written offer as one set — pulling out every fee, linking each to the page it came from, and flagging where the documents disagree.

Check a contract Try the cost calculator

Frequently asked questions

What should I check first in an assisted living contract?

Start with the total monthly cost: base rent plus the care-level fee, any add-on services, and second-person fees. Then read how and when fees can increase, what triggers a care-level reassessment, the notice either side must give to end the agreement, and whether you are signing as a responsible party.

How long should I take to review an assisted living contract?

Take as long as you need to read every page, and ask for the full agreement and fee schedule before move-in day. A community that pressures a same-day signature is a signal to slow down. Many families have an elder-law attorney or their state's long-term care ombudsman look at it first.

Do I need a lawyer to review an assisted living contract?

No law requires one, but an elder-law attorney is worth it if you are signing as a guarantor, if there is an arbitration clause, or if a large entrance or community fee is at stake. Your state's long-term care ombudsman program can also explain residents' rights for free.

Can I negotiate the terms of an assisted living contract?

Often, yes — especially the community fee, the move-in date, rate-lock periods, and the responsible-party wording. Ask in writing and get any change added to the agreement or a signed addendum. A verbal promise from a sales director is not part of the contract.

Related guides

Sources

  1. Sec. 144G.50 MN Statutes — Assisted Living Contract Requirements — Minnesota Office of the Revisor of Statutes
  2. SB 433 (Wahab) bill analysis — Assembly Committee on Human Services, July 15, 2025 — California State Assembly Committee on Human Services
  3. Florida Statutes 429.24 Contracts — The Florida Legislature (Online Sunshine)
  4. Compendium of Residential Care and Assisted Living Regulations and Policy: 2015 Edition Executive Summary — Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services
  5. Managing Someone Else's Money: Help for agents under a power of attorney — Consumer Financial Protection Bureau