The nursing home contract – rights, obligations, and termination options

A nursing home contract regulates the cohabitation and care of residents in a nursing home and forms the legal basis for care, nursing, and accommodation. It is important for people in need of care, their relatives, and care providers to understand the contents of this contract in detail, especially the rights, obligations, notice periods, cost regulations, and the significance of the Residential and Care Contract Act (WBVG).

This comprehensive magazin all the key aspects of a home contract and helps you make legally sound decisions.

What is a home contract?

A nursing home contract is an agreement with the nursing home that sets out the terms and conditions for accommodation, care, and support in an inpatient care facility. It regulates the services provided by the home, the costs incurred, the applicable rights and obligations, and the circumstances under which termination is possible.

Purpose of a residential care contract

• Protection for the person requiring care
• Transparent agreement on housing, care, and support
• Legal basis for the contractual relationship

Scope of application of the WBVG

The Residential and Care Contract Act (WBVG) applies to all contracts for the provision of living space in conjunction with care or nursing services. It thus protects those affected who move their center of life to a facility.

Care contract vs. nursing home contract – differences and similarities

A nursing care contract only covers nursing services, while a residential care contract also includes accommodation, support, and care. Many nursing care companies offer combined contracts.

Typical contents of both types of contract

• Type and scope of care
• Type of accommodation / Room
• Costs and fees
• Rights and obligations of both parties

Which contract is right for whom?

• Care contract: Outpatient care
• Residential contract: inpatient care in a nursing home, long-term change of residence

The structure of a home contract – important content

Carefully reviewing the contract is crucial to avoiding problems later on.

Essential parts of the contract

• Type of room (living space)
• Care services and nursing services
• Costs of remuneration (care, accommodation, meals)
• Right of termination, notice periods, and conditions
• Information on special cases or exceptions

Information provided by the home operator

The home operator (entrepreneur/operator) must provide all essential information in writing.

This includes:

• contact information
• scope of services
• pricing model
• Information on termination for operational reasons

Information provided by the resident for a nursing home contract

In order for a nursing home contract to be concluded correctly and for the care facility to be able to plan the necessary services, it is important that the nursing home resident or an authorized representative provides certain personal and health information. This information forms the basis for classification into a level of care, the planning of individual support needs, and the determination of the appropriate form of housing and care.

The information provided by the resident is therefore not used for bureaucratic purposes, but rather to ensure that care and support in the nursing home can be organized reliably and in line with needs from the outset.

1. Care level and entitlement to benefits

The level of care determines the extent to which long-term care insurance will cover benefits. Therefore, the following information must be provided:

• current care level (1–5)
• Decision by the long-term care insurance fund or ongoing proceedings
• possible amendments or motions

This helps the home to calculate costs accurately and plan the necessary staffing resources.

2. Health situation

A nursing home requires accurate data on the patient's state of health in order to ensure safe and professional care. This includes:

• chronic diseases
• acute limitations
• Diagnoses and treatment plans
• Mobility (e.g., use of a walker or wheelchair)
• need for medication
• Allergies or intolerances
• Risks such as the danger of falling, swallowing disorders, or dementia

This information must not only be provided when moving in, but also updated regularly thereafter.

3. Special needs and requests

Individual needs play a major role in everyday life at the home. The information provided helps to improve quality of life and make the resident's living environment as pleasant as possible.

These include:

• personal preferences (e.g., specific rituals, habits, food preferences)
• cultural or religious needs
• preferred daily routine
• important social contacts
• Desired involvement of relatives or legal guardians

Special dietary requirements, including diet foods, vegetarian diets, or food intolerances, must also be specified.

4. Legal representation and documents

To ensure that all decisions can be made safely, the resident should specify:

• Names of authorized representatives
• existing power of attorney
• Appointment of guardian (by court order)
• Living will or emergency contact

This information is important for medical decisions, organizational issues, or emergency situations.

5. Background information for care

Many facilities use biographical questionnaires to get to know their residents better.

These include:

• previous employment
• hobbies
• lifestyle habits
• important events in life
• Particular dislikes that may be relevant in everyday life

Such information helps employees to provide respectful and individual support.

6. Why the information is important

The resident's information has several functions:

• They enable accurate performance planning.
• They ensure that care services are tailored to the individual's personal situation.
• They serve to prevent risks, such as falls or medication errors.
• You ensure that everything runs smoothly when moving in.
• They prevent misunderstandings in the contractual relationship.

Providing complete and clear information ensures that the nursing home can provide the best possible care right from the start.

The role of the Residential and Care Contracts Act (WBVG)

The WBVG protects consumers from unclear contract terms. It ensures that home operators only apply reasonable and understandable rules.

Key contents of the WBVG

• Transparent information
• fair pricing
• Protection in the event of cessation of operations at the facility
• clear guidelines for termination

The operator must create a secure environment, ensure maintenance, guarantee reliable provision of all services, and manage operations properly.

Rights and obligations of both contracting parties

A nursing home contract is not a unilateral obligation, but a binding contractual relationship that is binding on both the resident and the operator (nursing home operator/entrepreneur). Both sides have certain rights and obligations that are laid down in the Residential and Care Contract Act (WBVG).

These legal principles are intended to ensure that coexistence in the care facility is fair, transparent, and based on mutual respect.

Understanding these rights and obligations helps residents, relatives, and care facilities alike to avoid conflicts and respond appropriately when necessary.

Residents' rights

Residents of nursing homes are particularly vulnerable; they relocate the center of their lives to an institution and are dependent on reliable care in their everyday lives. That is why the WBVG grants them extensive rights.

1. Entitlement to the agreed services

Residents have a right to:

• the care specified in the nursing home contract,
• the agreed care,
• the promised living space,
• as well as the agreed meals

be performed completely, professionally, and in a timely manner.

The quality of services must correspond to the current state of nursing science.

2. Right to transparent costs and fees

Residents must be able to understand at all times:

• how the remuneration is composed,
• what costs are incurred each month,
• which additional services are optional,
• and what price changes are permissible.

The operator may only implement price increases in accordance with clear legal requirements.

3. Right to privacy, dignity, and self-determination

These include:

• free choice of doctor,
• Visitation rights,
• Respect for individual lifestyles,
• A say in everyday decisions,
• Protection of personal data.

These rights ensure that, despite the institutional environment, it remains possible to live a self-determined life.

4. Right to complain and receive information

Residents may complain at any time, internally or externally, without fear of repercussions.

You also have the right to:

• Access to care documentation,
• complete contract and service information,
• Explanations regarding changes or organizational adjustments.

Residents' responsibilities

In order for communal living to work, residents must fulfill certain obligations, which are set out in the residence contract.

1. Payment of the contractually agreed fees

These include:

• care costs,
• Accommodation and meals,
• investment costs,
• Optional or additional services, if applicable.

Payments must be made on time, otherwise legal action may be taken or, as a last resort, termination may occur.

2. Compliance with house rules

The house rules serve to ensure the safety and orderly coexistence of all residents.

It includes, among other things:

• Rest periods,
• Fire safety regulations,
• Use of common areas,
• Behavior during visits.

3. Consideration for other residents

In nursing homes in particular, people with very different needs live together. Residents must therefore:

• behave appropriately,
• do not pose a hazard,
• Avoid conflicts or resolve them objectively.

4. Duty of truthfulness in providing information

Health information, care level, medication plans, and personal details must be accurate and complete. This is crucial for the safety of care.

Rights of the home operator

The operator also has rights to ensure that the care facility can be run lawfully, economically, and safely.

1. Right to payment of the agreed fees

The operator may insist on punctual and full payment; this is a prerequisite for the provision of services.

2. Enforcement of rules and safety

The operator has the right to:

• enforce the house rules,
• prohibit certain actions (e.g., open candles),
• Take action when safety is compromised.

3. Possibility of termination in exceptional cases

The operator may terminate the contract if:

• the resident persistently violates his or her obligations,
• the operation is at risk,
• serious disruptions occur (e.g., violence, significant payment delays).

These termination rights are severely restricted in order to protect residents.

Obligations of the home operator

The operator has particularly far-reaching obligations, which form the core of its responsibility in the care contract and in the WBVG.

1. Ensuring care and support

The nursing home must:

• Provide care in accordance with recognized standards,
• employ sufficiently qualified personnel,
• Take special needs into account (dementia, mobility, nutrition).

2. Provision of safe and adequate housing

These include:

• Hygiene,
• Accessibility,
• Fire protection,
• adequate room amenities,
• functional common areas.

3. Continuous provision of all contractual services

The business must be organized in such a way that interruptions are avoided, e.g., in the event of staff illness or internal problems.
The supply must therefore never be dependent on individual employees.

4. Duty to provide information and clarification

The operator must:

• Notify us of changes in a timely manner,
• Explain care and support services,
• Justify contract amendments,
• Take complaints seriously and deal with them.

Costs and fees in the residential care contract

Various cost categories arise in a residential care facility.

Breakdown of costs

• nursing costs
• Accommodation and meals
• Investment costs
• additional services

The monthly amount should be stated transparently.

Termination in a nursing home

The nursing home contract may be terminated by either party, but only under certain conditions.

Ordinary termination by residents

Residents can terminate the contract by giving notice, usually by the legal deadline of the third working day of a month to the end of the month.

Extraordinary termination is possible if there is an important reason that makes it unreasonable to adhere to the contract.

Reasons for termination – When is it possible to terminate the contract?

Valid reasons for termination

• Moving in with relatives
• Moving to another care facility
• Desire to change the type of care

Extraordinary grounds for termination

• serious breaches of contract by the home
• inadequate provision of care services
• ongoing problems in the facility
• Risk to the health of the resident
• Operational disruptions

Termination by the nursing home

The home operator may also terminate the contract, but this may only occur in specific exceptional circumstances.

Reasons for termination by the operator

• late payment
• massive disruption of coexistence
• medically necessary transfer to another facility
• discontinuation of operations

Tips for reviewing a home care contract

Important questions before signing a contract

• What services are included in the fee?
• What additional costs may arise?
• How are care services regulated?
• What does the living space look like?

What relatives should pay attention to

• Transparency in pricing
• Response to questions
• Company's handling of complaints

Typical problem areas

• Unclear costs
• poor care
• missing information
• Dissatisfaction with the treatment in the home

Terminating a residential care contract – step-by-step guide

Step 1: Review the contract

First, carefully review the home care contract. What is the notice period? Are there any special conditions or exclusions that need to be taken into account when terminating the contract?

Step 2: State the reason for termination

A reason for termination is not mandatory in the case of ordinary termination. Nevertheless, it may be useful to briefly mention the reason in order to avoid misunderstandings.

Step 3: Draft a letter of termination

Write a formal, complete letter of termination. Make sure it includes the date, your name, address, contract reference, and desired termination date.

Step 4: Secure evidence

Send the cancellation in a way that provides proof of receipt, such as by registered mail, by email with confirmation of receipt, or by hand delivery with a receipt. Be sure to keep the proof of receipt.

16.5 Step 5: Organize your move

Plan the move in good time. This includes finding a new form of care, a change of location, or other follow-up solutions to ensure a smooth transition.

Sample termination of home care contract

[First and last name of the person giving notice]
[Street and house number]
[Zip code and city]
[Phone number / email address – optional]

[Name of institution]
[Department / Contact person – if known]
[Street and house number]
[Postal code and city]

Place, date

Termination of the residential care contract

Dear Sir or Madam,

I hereby terminate the existing residential contract dated [date of contract] for [name of resident] with due notice to the next possible date.
(Alternatively: "... to [specific date].")

Optional note (voluntary):
The reason for termination is [e.g., transfer to another care facility / change in care situation / desire for outpatient care].

Please confirm receipt of the termination and the termination date of the contract in writing.

Thank you in advance.

Sincerely,
[Signature on letter]
[First and last name]

Conclusion – Security through clear contracts

A nursing home contract regulates key aspects of life in a nursing home and provides security for residents, their relatives, and operators. Clarity about rights, obligations, deadlines, and reasons for termination helps everyone involved.

With knowledge of the WBVG, important content, and the possibilities of extraordinary termination, residents and relatives are well prepared to act correctly in any situation.