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When mom passed I told the owner of the care home I would empty mom’s room by end of month. I private paid month to month. I also told them if they needed the room sooner to contact me and I was willing to work with them. They said they wouldn’t need the room for a while and I was glad because I wasn’t ready to pack up mom’s things yet, you know? Two days later they called me and said they showed mom’s room and that a gentleman wanted to move into the room in a few days. I told the owner I was out of town but my return flight home was the day before they needed the room and that I would get the room emptied for them. I enlisted some family help and emptied the room as the care home requested. A few days later I contacted the owner and asked her when I would receive a refund for vacating the room 15 days early for her. Her response was that they don’t do refunds or prorate and that it says so in the contract. However, I did not initiate this early vacate. They asked for the room back. And they put a new paid resident in mom’s room the next day. I feel like this owner has taken advantage of me during a vulnerable time. I would have gladly kept the room until end of month when I was better prepared emotionally to pack up mom’s things. I feel like I just had my grieving time stolen as well as my remaining $2,100 of rent. I offered to work with her and all she did was capitalize on my grief. Is this even legal? Should I go to small claims court?

They didn't ask you to leave. You volunteered.
There was no agreement about a refund.
The contract will likely stand. Rental is paid by the month. If there were levels of care costs those should be refunded as no one was being cared for.

You offered to vacate it early.
They first said no, and then took you up on it.
You had no agreement verbal or otherwise that said you should be getting a refund if you did this. But you just did it of your own volition.

Sorry, I think that the contract will hold in court. You are welcome to spend a couple hundred to find out and to be a fly in their ointment, but I think that this is a way to avoid moving on into grief. Grief counselors tell us that we will often choose to be "mad" at someone rather than move into the hard and final work of grief. Sometimes that's a doctor, a hospital, a care team, hospice, a nursing home. Anyone will do.

You have my condolences. But there was a contract that spelled things out in black and white. They fulfilled their contract. You did them a favor. And that's about it. The favor was not returned. If going to court makes you feel better, do give it a try. They may refund this rather small amount to avoid having to show in court, so tell them that's your intention first. Good luck. Again, my condolences on your sad loss and I hope you have happy memories.
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Update: Margaret, you misjudge me. Also future patients are not hypothetical. NONE of the other patients in that care home would have been able to fight for their rights if that happen to them. This place needs a hard slap on the wrist for trying to use a protection clause as a license for exploitation.

I spoke to the county Ombudsman and they were shocked by what this care home was attempting to get away with. The advised me to proceed straight to court because what they did was very unjust.

This isn’t about the money. I am trying to make a point with these people. I don’t even need the money. What I need and want is for these places to stop stealing from these vulnerable seniors! Many don’t have much. Someone has to stand up! We can all hang out and chat here, but none of these issues are going to stop happening until we stand up for our rights.
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anonymous1768885 Sep 7, 2024
Sounds like you will have to sue in small claims court.
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I'm so sorry for your loss.

Legal is one thing. Immoral and unethical is another. Write and tell the owner and board if there is one you're going to take them to court as well as publish a terrible review about them sharing what they have done. Put it exactly as you did here. Whether you actually intend to follow through they don't know, maybe it will be enough to get them to cut you a check. And it will bring it to all of leadership attention. You were kind enough to work with them. They have double dipped.
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cover9339 Sep 2, 2024
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I'm sorry for your loss.
I'm in that process myself. I took care of my husband for over 7 years. At the end of last Dec, I had to place him in an Adult family home because I was having hip replacement surgery in March and I could barely take care of myself. He had many health issues that kept progressing. Dialysis, for all seven yrs, diabetic, pacemaker, oxygen and finally ended up in a wheelchair.
I was extremely lucky to find this home that would take Medicaid. One of her tenants moved out 2 days before I contacted her. He moved Jan of this year.
It was meant to be. Right place, right time. He liked the home. Whew!!

He passed on friday, Aug 30th.
I was asked if I could gather his belongings within a few days. They would get them ready for us to pick up. My daughter and son in law picked his things up Monday. That would release the room for her to make the room available for Sept. At first I thought it was a little cold hearted, but then remembered how I was so lucky to get that room in the first place. Time to pass that luck on.
The reason I didn't pick his things up myself was that I fell and broke my right arm/ shoulder on Tues the 27th.! I'll find out tomorrow, the 9th, if I need surgery. Thank goodness we had all end of life plans planned out. One phone call and it is all done. Now all I have to deal with is SS and other business things.

One question, how soon does SS want their money back? His Sept. check already came in. Do I have till the end of the month to return it?

I want to THANK all the posters that use this forum. I have been reading this site for probably 2 years. Learning how to say when, when you know it's time to pass your loved ones care to someone else. How not to feel guilty for taking care of yourself. How things work in all types of care centers. I think we supplied t-shirts for a few of the residents.:) I have recommended this site to friends. I live in a 55
+ community. Thanks again for all the information that I learned from this site.

Now it is time for me to wipe away my tears and mentally prepare myself for tomorrow. I have 2 wonderful daughters and many close friends near me. I am truly blessed. Jan
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jemfleming Sep 9, 2024
Very sorry for your loss. I imagine that besides normal grief you also feel a little lost since his care was such a big part of your life. Now it is time to find yourself and find a new purpose. Sounds like you have already started.
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If you are wanting to try to make a change for others as you stated in your reply below.
Instead of trying to take this to court where nothing can be done about it ,
perhaps write to your state congressman to perhaps pass a bill in state legislation that when someone dies in a private care home that the prorated amount be returned to the estate . The argument could be made that the deceased person did not voluntarily give up the apartment .

There are a lot of things that aren’t fair . When someone dies after they’ve already gotten their SS direct deposited it has to be given back . Same if the deposit happened after someone dies . You have to be alive the whole month to keep that months payment . It’s not prorated .
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MargaretMcKen Sep 2, 2024
It's just such a pity that they didn't keep M alive until the end of the month so that she could have had the full benefit of using the room. Then again, these little things are sent to try us. I have a few of them myself at present, hence my somewhat snippy attitude.
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They asked and you did it. You didn't ask if you would receive a refund for the extra days so that part is on you for assuming you would get reimbursed.

When i was moving I asked the landlord if I would get a refund for the 2 week difference in the rent if I gave them the keys early. They said no so I did not give them the keys until the end of the month.

Most times in the lease it will state that they do not prorate or refund money when you are moving out. They are happy to prorate a move in though. Check your copy of moms agrrement and terms with the facility to save yourself the time and effort if trying to sue if you have no legal standing.

At least someone who reads this will learn from your mistake and not have the same thing happen to them.
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JoPeep Sep 7, 2024
Thanks for your kind answer. You are right in part. But I actually told the owner that if they needed the room sooner I would work something out with her. She isn’t stupid. Also it was a private care home and mom had a private room and I paid by check each month. This place knew exactly what they were doing. The county Ombudsman and the legal advisor I consulted both said I should proceed against this place. Because protection clauses are not meant to help them double dip legally. And they need to be held accountable.
I know my mom would be proud that I fought. And when I win, I am going to donate to our local senior center. They need some new things over there :)
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I would consult with a lawyer or Legal aide. She was renting a room. She had paid for that room till the end of the month. IMO, it was still her room. Because they moved someone in, they are now double dipping. They are getting money from the new tenant and money from Mom. Not sure if the can legally do that. If she was living in an apartment and moved out the middle of the month, that landlord cannot even show that apt until the eom unless he gets permission from the person who is still renting let alone move someone in. This facility is a residence. Read Moms contract. I agree she pays a months rent but...can they move someone in when Mom is still renting it.
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cover9339 Sep 2, 2024
It depends on what is in the contract. It would be nice if the owner just went ahead and refunded the OP something, but again, it's business.
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Here's to put it in perspective about being a business.

When my mom passed, Social Security had deposited her check for the month. Because she was not eligible for this last check, they reached out to her credit union to send the money back. Mind you, she had been a member for many years, but it's still a business, so they block her checking account until this money was paid back.

Because the money was in her savings and not checking, (unknown to us), any bills paid from her account (which was now an Estate Account), bounced, with them eventually closing her Estate Account. When contacted, they had neglected to remove the block from her account, even though the money was paid back. End result, damage had been done and we were out of luck.

It's a lesson learned that when it all comes down to it, be it a credit union, bank, NH, AL, etc, they're all business first and foremost.
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KNance72 Sep 3, 2024
A lot of people don’t know this about the social security check .
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Look at your contract. Abide by the contract. You offered to empty the room earlier, if needed, and it was needed. Seems like you shouldn't have offered. Glad you worked to give another person a place. Maybe that will take some of the sting out of the hard work everybody did.

Take time to complete your griefwork at home with your mom's things with you.
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TouchMatters Sep 8, 2024
Yes, from what I read, this writer agreed to empty the room early without any contract indicating that she would receive a refund. Nor did she ask when she decided to empty the room earlier 'as a favor to the facility' although she expected (?) a refund. The question is "why did she expect a refund when that wasn't agreed upon, in writing? Yes, it is good that the new resident has a room earlier than not in any event.

The bottom line:

1) ALWAYS READ THE CONTRACT and

2) GET EVERYTHING IN WRITING.

This woman would be well served emotionally to focus on grieving verses getting a refund, what she appears to not be entitled to.

Gena / Touch Matters
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If the contract reads they don’t prorate or give any refunds back , then you won’t win in small claims court .

I’m sorry for your loss .
Like already said legal is one thing , immoral and unethical another .

When my father in law died we were not expecting a prorated refund . They calculated it from the day we moved out his things . He paid month to month . Nothing in the contract talked about when a resident died . But they sent a prorated refund anyway .
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