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Alameda County Judge Finds Key Tenant Protection Applies to RCFEs

A judge in Alameda County has ruled that Civil Code Section 1946.1 applies to Residential Care Facilities for the Elderly (RCFEs), which means they are required to give 60 days’ eviction notice to residents who have lived in the facility for a year or more. There has long been a small degree of uncertainty as to the proper amount of time for RCFE eviction notices. RCFE-specific rules (22 Cal. Code Regs. Sec. 87224) require a 30 day notice but the broader Civil Code rule applies to all tenants, including people who live in RCFEs. The Civil Code requires thirty days’ notice for tenants who have lived in their homes for less than one year but sixty days’ for those who have lived in their homes for a year or more.