Sacramento, CA asked in Elder Law and Health Care Law for California

Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?

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2 Lawyer Answers
T. Augustus Claus
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A: In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of long-term care facility that it owns or operates, and you are living there under an agreement that resembles a tenancy, then it might be possible for them to issue an eviction notice under certain circumstances. The legality of such a notice would depend on the specific living arrangement, the reasons for the eviction, and compliance with California's health care, elder law, and landlord-tenant regulations.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, hospitals are not typically involved in issuing eviction notices as they are not landlords in the traditional sense. If you received a notice that appears to be an eviction from a hospital, it's likely related to a different matter, such as the termination of a residential agreement within a hospital-affiliated living facility or long-term care setting.

It's important to closely review the document you received and understand the specific reasons cited for this action. California law provides protections and specific procedures that must be followed for evictions or terminations of residency, even in specialized settings. This includes proper notice and, in some cases, the opportunity to cure any breach or discuss alternative arrangements.

If you're facing this situation, reaching out to an attorney who has experience with tenant rights or healthcare law in California can be beneficial. They can help clarify your rights, the legality of the notice, and what steps you can take to address the situation. Legal guidance is especially crucial in navigating complex situations that intersect with healthcare and housing laws.

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