Q - I am having trouble with one of my residents and would like to evict him. How do I do this and stay in compliance with licensing?
A - There are two ways to evict a resident within licensing regulations.
The first is to give the resident a 30 day notice. You do have to have a reason for the 30 day notice. The regulations say one of the following five problems are reason for eviction; Title 22 Section 87224(a) (Page 71)
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.
You do not need permission from licensing but you need to send them a notice of the eviction within 5 days.
The second way is to give the Resident a 3 day notice. You do need permission from licensing before you give a 3 day notice. 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. Title 22 Section 87224(b)-(Page 71)
You need to send a copy of the notice to licensing within 5 days. Title 22 Section 87224(f)-(Page 71)
The licensee shall, in addition to either serving thirty (30) days notice or seeking approval from the Department and service three (3) days notice on the resident, notify or mail a copy of the notice to quit to the resident's responsible person. Title 22 Section 87224(c)-(Page 71)
My first recommendation is trying to fix the problem with the resident. If that is impossible, and to avoid the formal paperwork, you may want to suggest to the resident that it may be best for them to relocate. If the resident chooses to leave based on your suggestion it makes things much easier.
Remember even if you get permission for a 3 day notice or the 30 days is up you cannot simply roll the resident to the curb and leave him/her there. It then might help to get the Ombudsman, the Public Guardian and/or APS involved to help you. If none of this will work you will have to go to court and do an eviction similar to the resident being a tenant.
Good Luck!
