RCFE / Assisted Living Fact Sheets:
Eviction Protections

Residents have rights and protections against eviction actions.

Causes for Eviction

Current laws and regulations recognize ONLY five (5) reasons for eviction:

1. Failure of resident to pay agreed upon rate for basic services within ten (10) days of due date.
2. Failure of resident to comply with state or local law after receiving notice of the alleged violation, (e.g., drug use, assault, violation of probation, etc.).
3. Failure of resident to follow facility policies that are in writing, are stated or referenced in the Admission Agreement and are for the purpose of making it possible for residents to live together.
4. After formal assessment, the facility determines that it can no longer meet the resident's changing care needs.
5. The facility changed its purpose.

Written Notice & Documentation Requirements

Generally, the facility is required to give a 30-day written notice to evict. The notice must be delivered to the resident, to their agent or legal representative and to the licensing agency. The notice must contain the following elements:

• Reason or reasons for eviction, i.e., one or more of the 5 reasons stated above; and
• Specific facts pertaining to each reason for eviction, e.g., dates, places, circumstances surrounding the event(s) and identification and statements of witnesses.

There are some exceptions to the 30-day notice requirement. However, a written notice is still required except when the licensing agency orders an urgent or immediate relocation due to a finding that the resident is in imminent danger and requires inpatient care.

• 3-Day Eviction will sometimes be granted to the facility by the licensing agency when the resident is demonstrating behavior that threatens the mental and/or physical health and safety of the resident or other residents.
• Health Relocation Order issued by the licensing agency when the resident’s condition is prohibited from being treated in a Residential Care Facility for the Elderly, e.g., Stage 3, open bed sore. The notice of relocation is sent to the facility, resident and/or resident’s responsible person, and the Long Term Care Ombudsman Program stating the reasons for the order and the right to appeal the decision.
• Facility closure when residents are evicted requires a 60–day written notice. (Refer to RCFE Closures: Residents’ Relocation Rights and Protections Fact Sheet.)

Protections

Because of the seriousness of eviction proceedings and the potential for harm to residents, it is advisable to seek assistance from the Long Term Care Ombudsman Program and/or Senior Legal Services.

Use the approaches listed below carefully.  Make sure that the resident's continuing care needs will be met throughout the process. It can be very detrimental to residents to remain in facilities that are either unable or unwilling to meet the resident's care needs.

• Do not act on a verbal statement by the facility that the resident must move. Demand a written notice.
• Make sure that the notice for eviction meets all the legal standards, i.e. states one of the five reasons for eviction and provides necessary documentation. If not, the eviction is not valid and the notice must be reissued. This buys time for the resident to consider other options.
• Challenge unreasonable facility policies as a basis for eviction.
• Remedy the cause stated for the eviction, e.g., pay the monthly fee or comply with the house rules. Then insist that the eviction be withdrawn.
• Insist on a written relocation plan to ease the transition and to reduce transfer trauma. Negotiate for more time to make a good relocation plan.
• File a complaint with the licensing agency over the process used by the facility.
• Make an appeal of the licensing agency's health relocation order. Licensing's decision will be reviewed by an independent team.
• Exercise the right to a judicial hearing if the facility chooses to go to court to evict the resident.
• Assert rights when facility closes for a 60–day written notice, relocation evaluation (and relocation plan approved by licensing when 7 or more residents are affected), proportional refund of prepaid month’s rent and of pre–admission fees over $500 paid in the past two years, file a complaint with licensing, and exercise the right to file a civil lawsuit covering costs and attorney’s fees. Note: The licensing agency has the right to issue daily fines per violation of residents’ relocation rights to produce facility compliance.

These rights are found in California Law: California Civil Code Section 1940, Health & Safety Code, Sections 1569.54, 1569.73 and 1569.682, and in California Code of Regulations, Title 22, Division 6, Sections 87589 and 87701.1.

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