What Must Be Included in an RCFE Eviction Notice?

As an assisted living provider you never want to evict a resident.  It is our goal to provide services to our residents for as long as safely possible, and to ensure their satisfaction.  Unfortunately, there are times when an eviction is necessary, such as failure to pay the basic rate, violations of house rules, needs not identified prior to move in, etc.  When issuing an eviction, California Health and Safety Code Section 1569.683 requires that you include the following in the written eviction notice to the resident and the resident’s responsible party:

  1. The reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witness, and circumstances concerning those reasons.
  2. The effective date of the eviction.
  3. Information about resources available to assist the resident in identifying alternative housing and care options, including public and private referral services and case management organizations.
  4. Information about the resident’s right to file a complaint with the California Department of Social Services regarding the eviction, with the name, address, and telephone number of the nearest community care licensing office and the State Ombudsman.
  5. The following statement (written word-for-word): “In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.”

7 Responses to “What Must Be Included in an RCFE Eviction Notice?”

  1. I need your comment regarding my client whose Authorized Representative can not be reached by phone and letters. My client is female diagnosed with dementia. We have problems about her medications and supplies, but his nephew, the authorized person, dropped his monthly payment in the mailbox not even showing up. Many times I wrote him letter and follow up with phone calls but no reply. It’s been 3 months now that my client is not taking her medications. The doctor and pharmacy were informed about this matter. Can you give me an advice on what to do with this problem.

  2. Hello Teresita. That is a very challenging situation, but unfortunately one that we have run into before as well. If the son has financial responsibility for his mother and refuses to pay for he medications/supplies I would encourage you to report it to your Ombudsman as suspected/possible fiduciary abuse. That is probably your action of last resort, but it may help to get a third party (the Ombudsman) involved.

  3. With the new requirements in the eviction of a resident in a RCFE, does it mean that the 3 days notice of eviction which is taken from the CCLD is no longer valid.

  4. Hello Serafin. No, the 3 day eviction is still possible with CCL approval.

  5. What happens if after the 30 days eviction notice,the family refuse to remove their loved one from the facility.Ombudsman is already involved as the family called them.

    Oh and also Licensing is aware about the eviction notice too

  6. You file the unlawful detainer action in superior court. Look at number 5 above.

  7. Yes, that is correct. Sorry for not responding, Monica. Thank you for answering that, Lea!

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