A troubling clause in assisted living home leases is costing Massachusetts families thousands. The facilities use landlord-tenant contracts, which require a 30-day notice in writing to end the lease, even after their loved one passes away.

The I-Team has been investigating those contracts for years. 

In 2024, Bruce Travalik's mother passed away, and her family was billed more than $15,000 for her rent at the assisted living facility. After the I-Team began asking questions, the home settled with her family. And in 2022, Jim Lloyd's wife passed away, and he was charged more than $3,000 for an additional month's rent after he passing. The I-Team was able to get involved, and the home agreed to refund the family 25 days of rent.

Charged after leaving the facility

Gloria Loureiro's mother, who moved into the Giving Tree Senior Living facility in Dracut. Loureiro said that the facility was helping her mother with her medications and personal care.

Her mother was doing well until last year, when she got sick and ended up in the hospital. Loureiro said that she never went back to Giving Tree. At the time, the facility was charging $5,300 a month. 

In January, Loureiro moved her mom out, telling Giving Tree they could donate her furniture. Weeks later, she got a bill for February's rent. The facility told her the contract she signed required a 30-day notice in writing to terminate the lease, and she had given her notice verbally.

"I think it's a disgrace. It's an absolute disgrace. I've been getting the runaround. They just keep saying 'No you're lucky we didn't charge you two months instead of one,'" Loureiro said.

The I-Team went to Giving Tree, but the person who came out refused to speak on the matter. Maurice Mason, an attorney representing the facility, refused our request for an on-camera interview and told WBZ-TV, "This is basically a contract matter which my client is more than willing to submit to a court of competent jurisdiction for a resolution."

Loureiro said the home wants her to pay $5,300 for February and for seven days in March.  

"It doesn't make sense," she told the I-Team.

Loureiro said that the Giving Tree is now suing her. An attorney representing the facility tells the dispute is a contract matter that will be resolved in court.

Regulating assisted living in Massachusetts

The recent fatal fire at Gabriel House in Fall River has put assisted living facilities under the microscope. 

"I look at it as our opportunity to open up the whole can of worms, what's going on," said State Senator Mark Montigny. "Assisted living, they're so unregulated."

Montigny sits on the state commission looking into assisted living facilities. Days after the I-Team told him homes were billing families thousands for failing to give a thirty-day notice, he filed legislation to stop the practice and limit the number of days a facility can charge to 10.

Montigny called the practice outrageous.

"I filed a bill when someone passes, immediately the clock stops," said Montigny, who credited the I-Team. "If people like you aren't following it and seriously digging down. It doesn't get done. It was directly because you folks were going after it, but I was outraged."

Montigny is also filing legislation to close the loophole in cases like Loureiro's to prevent assisted living facilities from charging families when their loved ones get transferred to hospitals or nursing homes.  

While the legislation is pending, the Attorney General's office is drafting new regulations for assisted living homes.