Can a care home make you leave?
Only for one of five reasons, with 30 days’ written notice (60 if the home is changing its use). Title 22 §87224(a) A notice does not make you leave: if you stay, the home must go to court. Health and Safety Code §1569.683(a)(4)
Separately, the state can order a move when a health condition is beyond what the home’s license covers. Title 22 §87637(a)
This page is written to you, the person who lives in the home. It is public information, not legal advice.
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Long-term care ombudsman
Free, 24 hours a day, 7 days a week. Helps residents with notices, moves and complaints.
Call 1-800-231-4024Checked against Title 22 and the Health and Safety CodeHow we check
Check a notice to leave
Answer a few questions about the notice. You’ll see whether it may not meet the state’s rules, and who can help for free.
Your answers stay on this page. We don’t save or send them.
The rules this check uses
The law’s own words, with the day we last checked each one.
The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required except as otherwise specified in paragraph (5).
(1) Nonpayment of the rate for basic services within ten days of the due date.
(2) Failure of the resident to comply with state or local law after receiving written notice of the alleged violation.
(3) Failure of the resident to comply with general policies of the facility. Said general policies must be in writing, must be for the purpose of making it possible for residents to live together and must, be made part of the admission agreement.
(4) If, after admission, it is determined that the resident has a need not previously identified and a reappraisal has been conducted pursuant to Section 87463, and the licensee and the person who performs the reappraisal believe that the facility is not appropriate for the resident.
(5) Change of use of the facility.
(A) The licensee may, upon no less than sixty (60) days written notice, evict a resident due to change of use of the facility.
1. In addition to written notice to quit requirements specified in Section 87224(d), written notice to evict due to change of use of the facility shall be made to the resident or the resident's responsible person and shall include all requirements specified in Section 1569.682(a)(2)(A) through (F) of the Health and Safety Code.
The licensee may, upon obtaining prior written approval from the licensing agency, evict the resident upon three (3) days written notice to quit. The licensing agency may grant approval for the eviction upon a finding of good cause. Good cause exists if the resident is engaging in behavior which is a threat to the mental and/or physical health or safety of himself or to the mental and/or physical health or safety of others in the facility.
A licensee of a licensed residential care facility for the elderly shall, prior to transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license, as described in subdivision (a), (b), or (f) of Section 1569.19, or a change of use of the facility pursuant to the department’s regulations, take all reasonable steps to transfer affected residents safely and to minimize possible transfer trauma, and shall, at a minimum, do all of the following:
Provide each resident or the resident’s responsible person with a written notice no later than 60 days before the intended eviction. The notice shall include all of the following:
(A) The reason for the eviction, with specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the reasons.
(B) A copy of the resident’s current service plan.
(C) The relocation evaluation.
(D) A list of referral agencies.
(E) The right of the resident or resident’s legal representative to contact the department to investigate the reasons given for the eviction pursuant to Section 1569.35.
(F) The contact information for the local long-term care ombudsman, including address and telephone number.
To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. Facilities shall not involuntarily transfer or evict residents for grounds other than those specifically enumerated under state law or regulations, and shall comply with enumerated eviction and relocation protections for residents. For purposes of this paragraph, “involuntary” means a transfer, discharge, or eviction that is initiated by the licensee, not by the resident.
The licensee shall set forth in the notice to quit the reasons relied upon for the eviction with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons.
(1) The notice to quit shall include the following information:
(A) The effective date of the eviction.
(B) Resources available to assist in identifying alternative housing and care options which include, but are not limited to, the following:
1. Referral services that will aid in finding alternative housing.
2. Case management organizations which help manage individual care and service needs.
(C) A statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office.
(D) The following exact statement as specified in Health and Safety Code Section 1569.683(a)(4): “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.”
In addition to complying with other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following:
(1) The effective date of the eviction.
(2) Resources available to assist in identifying alternative housing and care options, including public and private referral services and case management organizations.
(3) Information about the resident’s right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman.
(4) 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 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.”
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 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.”
Upon the request of a resident, or his/her designated representative, the Department shall, pursuant to the provisions of Section 1569.35 of the Health and Safety Code, investigate the reasons given for the eviction.
The licensee shall, in addition to either serving the required thirty (30) days notice, sixty (60) days notice, or seeking approval from the Department and serving three (3) days notice on the resident, notify or mail a copy of the notice to quit to the resident's responsible person.
If you got a notice
- Keep the notice. A notice alone does not make you move out on its date.
- Check it against the law, with the check above.
- Call the ombudsman, free, any time: 1-800-231-4024.
- Ask the state to look into the reasons. Title 22 §87224(e)
- You can contest it in writing and at a hearing. Health and Safety Code §1569.683(a)(4)
A notice is not an eviction
“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 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.””
A notice from the home starts a process. It does not remove you. To remove a resident who stays, the home must file a case in court, and you have the right to answer it. Health and Safety Code §1569.683(a)(4) The California Courts’ self-help guide explains how an eviction case works.
What reasons can a home use?
Only these five, in the regulation’s list: Title 22 §87224(a)
- The basic rate is unpaid 10 days after it is due.
- You broke a state or local law after being told in writing about it.
- You broke a house rule that is in writing and part of your admission agreement.
- After a reappraisal, the home and the person who did it believe the home cannot meet a need it did not know about before.
- The home is changing its use.
A home may not use any other reason. Health and Safety Code §1569.269(a)(22) Your admission agreement must list these reasons in the law’s own words, and no others. Title 22 §87507(g)(10)
How much notice must the home give?
- 30 days, in writing, for the first four reasons. Title 22 §87224(a)
- 60 days, in writing, if the home is changing its use. Title 22 §87224(a)
- 3 days, only if the licensing office approved it in writing first, for good cause: behavior that threatens your health or safety, or others’. Title 22 §87224(b)
The home must also give or mail a copy of the notice to your responsible person. Title 22 §87224(c) Health and Safety Code §1569.683(b)
What must the notice say?
The notice must give the reasons, with facts: the date, the place, the witnesses and what happened. Title 22 §87224(d) It must also include:
- the date the eviction would take effect;
- where to find help with housing and care;
- your right to complain to the licensing office, with its address and phone, and the State Ombudsman’s; Health and Safety Code §1569.683(a)
- the court statement, word for word. Health and Safety Code §1569.683(a)
The home must report every eviction to licensing within 5 days. Title 22 §87224(f)
Can a home make you leave for unpaid bills?
Only when the basic rate is unpaid 10 days after it is due, and then with 30 days’ written notice. Title 22 §87224(a) If money is the problem, ask the home whether it accepts SSI or Medi-Cal’s Assisted Living Waiver. Read Paying for care in California.
Can a home make you leave because your care needs grew?
Only after a reappraisal of your needs, when the home and the person who did it believe the home cannot meet them. Title 22 §87224(a) Title 22 §87463(a) Ask to take part in the reappraisal, and for a copy.
If you are on hospice and your condition changes, a faster move to a health facility needs a joint decision by the state, you or your health care decision maker, the hospice, a doctor and the home. Title 22 §87224(i)
If the state orders a move for a health reason
This is different from an eviction by the home. If you have a health condition the home’s license cannot cover, one Title 22 lists, or you need hospital care, the state must order the home to move you. Title 22 §87637(a) Health and Safety Code §1569.54(a)(1)
- You get written notice from the state, with your right to ask for a review. Your responsible person gets a copy. Title 22 §87637(b)(1)
- You have 3 working days to ask for a review, in writing, signed and dated, handed to the home. Weekends and state holidays do not count. Title 22 §87638(b) Health and Safety Code §1569.54(b)(1) The ombudsman can ask for you if you have no responsible person. Title 22 §87638(a)
- The state decides within 30 days of telling you that you must move. Title 22 §87638(h) Health and Safety Code §1569.54(b)(2)
- The move takes no more than 30 days, under a written plan. Title 22 §87637(b)(2)(A) If the state finds you are in immediate danger, it can order the move at once. Title 22 §87637(b)(7) Health and Safety Code §1569.54(a)(2)
The review is not a state hearing. Title 22 §87638(i) Health and Safety Code §1569.54(c) Call the ombudsman as soon as the order arrives.
If the whole home closes, is sold or changes its use
The home owes you more time and real help: Health and Safety Code §1569.682(a)
- written notice at least 60 days before you must move; Health and Safety Code §1569.682(a)(2)
- an evaluation of your needs, with a list of homes within 60 miles that can meet them; Health and Safety Code §1569.682(a)(1)
- a talk with you about it within 30 days of the notice; Health and Safety Code §1569.682(a)(3)
- part or all of the admission fee you paid above $500 back, within 15 days of the notice, by how long ago you paid it. Health and Safety Code §1569.682(a)(6)
If you decide to move, or your home is closing, we can ask homes near you about room, price and care, and email you each answer.
Check availabilityBefore you move in: the home’s limits, in writing
You have the right to be told in writing, before you move in, what needs the home cannot meet. Health and Safety Code §1569.269(a)(15) Ask for it while you are still choosing.
Rights you cannot sign away
No admission paper may require you to give up a right the law gives you. Health and Safety Code §1569.269(c) You may always choose to move. Health and Safety Code §1569.269(a)(23)
Who can help, for free?
- The long-term care ombudsman, 24 hours a day, 7 days a week: 1-800-231-4024.
- Community Care Licensing, to ask the state to look into a notice: 1-844-538-8766.
- CANHR (California Advocates for Nursing Home Reform), for residents and families: 1-800-474-1116.
- For a case in court: the California Courts’ self-help guide on eviction cases.
If you are not sure what to do, call the ombudsman first. The call is free.
Questions families ask · 4
Can assisted living kick you out in California?
Only for one of five reasons, with written notice, and to remove you the home must go to court. Separately, the state can order a move for some health conditions.
How much notice does a care home have to give?
30 days for most reasons, 60 days if it changes its use, and 3 days only with the state’s written approval first.
Can a care home evict you for needing more care?
Only after a reappraisal, when the home and the person who did it believe the home cannot meet your needs. The state can also order a move for certain health conditions.
Who can I call about an eviction notice?
The long-term care ombudsman, free: 1-800-231-4024.