If you or a loved one is being threatened by eviction from an assisted living facility, it is important to know that the law is on your side. Under California Code of Regulations, an assisted living resident can be evicted for only five reasons:
- A failure to pay rent within 10 days of its due date;
- Failing to comply with state or local law;
- Failing to follow the facilities written policies and procedures;
- After a formal assessment, the facility determines that it can no longer meet the resident’s needs; or
- The facility changes its purpose and will no longer be providing assisted living care.
In the event you or a loved one fall into one of the above-referenced categories, the facility cannot just throw you out on the streets. Under the law, it must give you 30-days written notice of its intent to evict, unless you’ve lived there for more than one year, at which point it must give 60-days written notice. In addition, the written notice must clearly state, with factual detail, the reasons for the eviction.
Berman & Riedel, LLP is a San Diego based law firm that represents victims of elder abuse and neglect throughout the state of California. The firm is often regarded as one of the state’s leading advocates for nursing home resident’s rights and has successfully secured significant settlements and awards in a number of the state’s worst cases of nursing home abuse and neglect.
If you have any questions or concerns regarding the care that an elderly loved one is receiving in a nursing home or other type of elder care facility, call Berman & Riedel, LLP today at (858) 350-8855. One of our highly experienced and knowledgeable elder abuse attorneys will happily provide you and your family with an initial free consultation to discuss with you any questions or concerns you may have. To find more California elder abuse and neglect related resources, visit the firm’s page on preventing elder abuse.
