What to Do When a Resident Refuses Transfer or Discharge (30 Day Notice Residential Care)

A thirty-day notice for a residential care facility for the elderly must state the following:

  • The reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witness, and circumstances concerning those reasons.
  • The effective date of the eviction.
  • Information about resources available to assist the resident in identifying alternative housing and care options.
  • Information about the resident’s right to file a complaint with the California Department of Social Services regarding the eviction with the contact information for the nearest community care licensing office and State Ombudsman.
  • The following statement: “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 the 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.”

Source for Discharge Notes: What to Do When a Resident Refuses Transfer or Discharge by: Andrea R. Sitar,  Attorney at Wroten & Associates.


What to Do When a Resident Refuses Transfer or Discharge (Skilled Nursing)

A skilled nursing facility may evict a resident only if one of the following criteria are met and documented:

  • Nonpayment of rent;
  • Resident’s health has improved and he/she no longer needs nursing care;
  • Resident’s needs have increased and cannot be met by the facility;
  • Resident is endangering others’ safety;
  • Resident is endangering others’ health; or
  • The facility is going out of business.

Source for Discharge Notes: What to Do When a Resident Refuses Transfer or Discharge by: Andrea R. Sitar,  Attorney at Wroten & Associates.


What to Do When a Resident Refuses Transfer or Discharge (Residential Care)

A residential care facility for the elderly may evict a resident only if one of the following criteria are met and documented:

  • Nonpayment of rate for basic services within ten days of their due date;
  • Failure of the resident to abide by state or local law;
  • Failure of the resident to follow facility policies;
  • Needs of the resident are no longer met; or
  • Facility has changed its purpose.

Source for Discharge Notes: What to Do When a Resident Refuses Transfer or Discharge by: Andrea R. Sitar,  Attorney at Wroten & Associates.