Common use of Eviction Procedures Clause in Contracts

Eviction Procedures. The Licensee/Administrator can evict the residents within thirty (30) days notice to the resident his conservator and Authorized Placement Representative. This time can be reduced if it is determined that the resident’s health and welfare would be endangered if the resident remained in the facility. A thirty- (30) day eviction could be for any of the following reasons: Nonpayment of fees equitable to the level of care should the resident require more care after being admitted to the facility. Failure of the resident to comply with the state or local law after receiving written notification of violation. A health condition arises that requires more medical attention than is allowed by regulations to be taken care of in this type of facility. Inability of the facility to meet the needs of the resident. Change of, use of the facility Eviction is not limited to these reasons only, this is subject to change. If resident is threatening his/her safety, or the safety of others. The licensee will seek and obtain the approval of the placement agency and the Community Care Licensing to evict within three (3) days and a copy of the eviction will be send to CCL within five day of the eviction. The Licensee/Administrator of the facility, shall in addition to either serving thirty days notice or seeking approval from the CCL and serving 3 days written notice on the resident, notify or mail a copy of the notice to quit to the resident authorized representative, if any. Additionally, a written report of any eviction shall be sent to the licensing agency within five days. The licensee of the facility 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. All said notices will also be forward to the placement agency and the facility will cooperate with them in relocation of the resident.

Appears in 1 contract

Sources: Admission Agreement

Eviction Procedures. The Licensee/Administrator can Licensee may, upon 30 days written notice, evict the residents within thirty (30) days notice to the resident his conservator and Authorized Placement Representative. This time can be reduced if it is determined that the resident’s health and welfare would be endangered if the resident remained in the facility. A thirty- (30) day eviction could be for any one or more of the following reasons: Nonpayment of fees equitable to the level rate for basic services within ten (10) days of care should the resident require more care after being admitted to the facilitydue date. Failure to comply with State or local laws after receiving written notice of the resident alleged violation(s). Failure to comply with the state or local law after receiving written notification general policies of violation. A health condition arises that requires more medical attention than is allowed by regulations to be taken care of in this type of the facility. Inability The general policies must be in writing, must be for the purpose of making it possible for residents to live together and must be part of the admission agreement, or If, after admission, it is determined that the resident has a need not previously identified and a reappraisal has been conducted, and the Licensee and the person who performs the reappraisal believe that the facility to meet the needs of is not appropriate for the resident. Change ofAny disruptive, use unsafe, physical, or verbally abusive behaviors to other residents, staff or visitors is not permitted. Any of these behaviors will permit the eviction of the facility Eviction is not limited to these reasons only, this is subject to change. If resident is threatening his/her safety, or by the safety of otherslicensee. The licensee will seek and obtain Licensee may, upon obtaining prior written approval from the approval of Licensing agency, evict the placement agency and the Community Care Licensing to evict within resident upon three (3) days and a copy of written notice to quit. The Licensing agency may grant approval for the eviction will be send upon finding good cause. Good cause exists if the resident is engaging in behavior which is a threat to CCL within five day the mental and/or physical health or safety of him/herself, or to the evictionmental and/or physical health or safety of other residents or staff in the facility. The Licensee/Administrator of the facilityLicensee shall, shall in addition to either serving thirty days (30) days’ notice or seeking obtaining approval from the CCL Department and serving 3 days written three (3) days’ notice on the resident, notify or mail a copy of the notice to quit to the resident authorized representative, if any. Additionally, a written report of any eviction shall be sent to the licensing agency within five daysresident’s responsible person. The licensee of the facility shall set forth in the notice to quit the reasons relied upon for the eviction with specific facts to permit the determination of the date, place, witnesses witnesses, and circumstancescircumstances concerning those reasons. All said notices will also be forward to the placement agency and the facility will cooperate with them in relocation Upon request of the resident, or his/her designated representative, the Department shall investigate the reasons given for the eviction. A written report of any eviction shall be sent to the Licensing Agency within five (5) days. Nothing in this section is intended to preclude the Licensee or resident from invoking any other remedy. The Licensee shall follow all procedures necessary and pursuant to regulations to reduce the risk of any transfer trauma for residents. The facility will provide each resident or resident’s responsible person with a written notice no later than sixty (60) days before the intended eviction for one or more of the following reasons: The Licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a Corporation and when the transfer of stock does not constitute a majority change in ownership. The Licensee surrenders the License to the Department of Social Services, Community Care Licensing Division. The Licensee abandons the facility. There is a change of use of the facility **Please see the following Section 1569.683. Eviction Notices; reasons for eviction contents; service.

Appears in 1 contract

Sources: Facility Admission Agreement