Rosenthal Community Care Services

3-Day Notice to Quit Preparation for California ARF & RCFE Facilities

Name: 3-Day Notice Template | ARF & RCFE
Brand: Rosenthal Community Care Services
Price: 20.00 USD
Availability: InStock

Facility-specific administrative document preparation for qualifying urgent eviction situations under California Title 22 — with separate requirements for Adult Residential Facilities and Residential Care Facilities for the Elderly.

A Facility Cannot Simply Choose to Give a 3-Day Notice. A three-day eviction is an exceptional Title 22 procedure involving behavior that threatens mental and/or physical health or safety. Prior licensing approval is required before the three-day notice is served. The approval requirements differ between an ARF and an RCFE.

3 Days Exceptional Health & Safety Eviction Procedure

Approval First Licensing Approval Must Precede Service of the Notice

Specific Facts Date • Place • Witnesses • Circumstances

ARF ≠ RCFE Separate Title 22 Requirements Apply

What Is a 3-Day Notice Under California Title 22?

A three-day notice is not simply a faster version of a standard 30-day facility eviction.

Title 22 provides a separate process for circumstances in which a resident or client is engaging in behavior that presents the type of mental or physical health or safety threat described by the applicable facility regulation.

Before the facility serves a three-day notice, the facility must first satisfy the applicable Community Care Licensing approval requirement.

RCCS prepares the administrative notice around the correct facility type, documents the specific factual circumstances provided by the facility, and separates the ARF requirements under 22 CCR §85068.5 from the RCFE requirements under 22 CCR §87224.

ARF vs. RCFE — The 3-Day Approval Rules Are Different

Adult Residential Facility

ARF — 22 CCR §85068.5(b)

An ARF may use the three-day procedure only when the regulatory conditions for the shortened notice have been met.

Client has engaged or is engaging in behavior that threatens the client's mental and/or physical health or safety, or the health and safety of others in the facility
Licensing approval must be obtained before serving the three-day notice
ARF regulation permits prior written and/or documented telephone approval from the licensing agency
Licensing agency is directed to reply to the approval request within two working days
Under the ARF regulation, failure of licensing to reply within two working days is considered approval
Notice must state the reasons for eviction with specific facts, including date, place, witnesses, and circumstances
Copy of the notice must be provided or mailed to the client's authorized representative, if any
The RCFE-specific Health & Safety Code §1569.683(a)(4) disclosure is not an ARF requirement

Residential Care Facility for the Elderly

RCFE — 22 CCR §87224(b)

An RCFE three-day notice requires prior written approval from licensing and a finding of good cause.

Prior written approval from the licensing agency is required before the three-day notice is served
Licensing may approve the request upon a finding of good cause
Good cause exists when the resident is engaging in behavior threatening the mental and/or physical health or safety of the resident or others in the facility
Notice must state the specific facts supporting the eviction, permitting determination of the date, place, witnesses, and circumstances
Effective date of the eviction must be stated
Alternative housing and care resources must be included
Complaint rights, licensing-office information, and State Long-Term Care Ombudsman information must be included
Exact Health & Safety Code §1569.683(a)(4) unlawful-detainer disclosure must be included
Copy must be provided or mailed to the resident's responsible person

The 3-Day Procedure Is Based on a Health or Safety Threat

Not Simply a Difficult Resident

Disagreements, personality conflicts, inconvenience, complaints, or a facility's desire for a resident to leave do not by themselves establish the Title 22 basis for a three-day eviction.

Behavior Must Be Described

The notice should identify what actually occurred rather than use vague conclusions such as “unsafe,” “aggressive,” or “inappropriate” without supporting facts.

Licensing Decides Approval

RCCS can help organize the factual information and prepare the notice or supporting administrative materials, but RCCS does not replace the licensing agency's approval authority.

The Proper Sequence Matters

1

Document the Incident

Identify the behavior, dates, locations, witnesses, circumstances, and why the conduct presents the claimed health or safety threat.

2

Contact Licensing

The facility requests the applicable approval from its Community Care Licensing office using the process appropriate to its license type.

3

Obtain / Document Approval

The facility should retain the applicable licensing approval or documentation in its records before serving the notice.

4

Serve the 3-Day Notice

Only after the applicable approval prerequisite has been satisfied should the facility proceed with the three-day notice process.

Do Not Serve First and Ask Licensing for Approval Later

The applicable regulations require prior approval. A facility should not treat licensing approval as something that can simply be obtained after a three-day notice has already been served.

The Notice Must Explain the Actual Facts

A three-day notice should provide enough factual information to identify the circumstances supporting the facility's decision.

Date or dates of the relevant behavior
Approximate time when relevant
Location where the incident occurred
What the resident or client actually did
Who witnessed the behavior
Individuals directly affected by the behavior
Nature of the claimed mental or physical health or safety threat
Immediate actions taken by staff
Relevant incident documentation
Relevant emergency or law-enforcement involvement, if any
Relevant medical or behavioral documentation supplied to RCCS
Licensing approval information

Facts Are Stronger Than Labels

Instead of simply stating that a resident was “aggressive”, the notice should describe the specific conduct relied upon, consistent with the facility's documentation and the information submitted to licensing.

ARF 3-Day Notice — Important Title 22 Details

Written or Documented Telephone Approval

Under 22 CCR §85068.5(b)(1), the ARF licensing agency may grant prior written approval or the facility may document telephone approval before the notice is served.

Two-Working-Day Response Provision

The ARF regulation states that the licensing agency shall reply to a request for approval within two working days and that failure to reply within that period is considered approval.

Authorized Representative

After completing the applicable procedure, the licensee must notify or mail a copy of the notice to quit to the client's authorized representative, if any.

ARF Does Not Use the RCFE-Specific Unlawful-Detainer Disclosure

The exact Health & Safety Code §1569.683(a)(4) disclosure used in an RCFE notice is not listed as a mandatory component of an ARF eviction notice under 22 CCR §85068.5.

RCFE 3-Day Notice — Additional Requirements Still Apply

The fact that an RCFE has licensing approval to use a three-day notice does not eliminate the notice-content requirements contained in §87224(d).

Specific factual reasons supporting the eviction
Date, place, witnesses, and circumstances
Effective date of the eviction
Referral services for alternative housing
Case-management resources for care and service needs
Statement concerning the right to file a complaint with licensing
Name, address, and telephone number of the applicable licensing office
State Long-Term Care Ombudsman information
Exact H&S Code §1569.683(a)(4) disclosure
Notice or copy to resident's responsible person

RCFE Only: Required Health & Safety Code Disclosure

Required Exact Statement — H&S Code §1569.683(a)(4)

“In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.”

This disclosure applies to the RCFE notice, including an RCFE three-day notice prepared under §87224. It should not be represented as a required ARF disclosure.

What RCCS Reviews for a 3-Day Notice

Whether the facility is licensed as an ARF or RCFE
Facility name and license number
Resident or client information
Responsible person or authorized representative information
Description of the behavior relied upon
Date, time, and location of the event
Witness information
Incident reports and facility documentation
Prior related incidents when factually relevant
Actions taken by facility staff
Licensing communication regarding the proposed eviction
Licensing approval information
Proposed effective date
RCFE-specific relocation and complaint resources when applicable
Required RCFE statutory language when applicable
Supporting administrative documentation supplied by the facility

RCFE: Written Report of Any Eviction Must Be Sent to Licensing Within Five Days

RCFE regulation §87224(f) states that a written report of any eviction must be sent to the licensing agency within five days. This requirement therefore should be considered in connection with an RCFE three-day eviction as well.

This is different from the wording of the ARF reporting provision, which specifically addresses evictions processed under the ARF 30-day procedure.

What This Product Does — and Does Not — Cover

Administrative Notice Preparation

RCCS can structure the facility's three-day notice around the applicable Title 22 requirements and the factual information supplied by the facility.

Supporting Compliance Review

RCCS can help identify the information needed for the notice and point out facility-specific regulatory components that should be addressed.

Not Licensing Approval

Purchasing this product does not constitute approval from Community Care Licensing. The facility remains responsible for obtaining the approval required by its applicable regulation.

Not Physical Removal

Expiration of the three-day period does not authorize staff to physically remove a resident or client, lock the individual out, dispose of belongings, or use prohibited self-help measures.

Not an Unlawful Detainer Filing

Court pleadings, summonses, complaints, possession proceedings, and unlawful-detainer litigation are outside this administrative document-preparation service.

Not Legal Representation

RCCS provides administrative compliance and document-preparation assistance through this service and does not represent the facility in Superior Court.

A 3-Day Notice Does Not Mean “Remove the Resident on Day Four”

The notice establishes an effective date under the applicable administrative process. It should not be interpreted as permission for the facility to use self-help eviction methods.

If an individual remains in the facility after the effective date, additional legal procedures may be necessary. For an RCFE, the mandatory statutory disclosure expressly explains that an unlawful detainer action and written court judgment are required to evict a resident who remains after the effective date.

Frequently Asked Questions

Can I give a 3-Day Notice because the resident is difficult or disruptive?

Not merely for that reason. The three-day process is tied to the health-and-safety standard described in the applicable Title 22 regulation and requires the applicable licensing approval before the notice is served.

Do I need Community Care Licensing approval before serving the notice?

Yes. Both the ARF and RCFE three-day procedures require prior licensing approval. The exact approval provisions differ by facility type.

Is documented telephone approval allowed for an ARF?

The ARF regulation specifically permits prior written and/or documented telephone approval from the licensing agency.

What if ARF licensing does not respond to the request?

22 CCR §85068.5 states that the licensing agency shall reply within two working days and that failure to reply within two working days is considered approval. The facility should carefully document its request, the date and method of submission, and all communications.

Does the same two-working-day deemed-approval language apply to an RCFE?

The RCFE provision in §87224(b) does not contain the same ARF language stating that failure to reply within two working days is considered approval. RCCS therefore does not apply the ARF deemed-approval provision to an RCFE.

Does an RCFE 3-Day Notice still need the unlawful-detainer statement?

Yes. The RCFE notice-content requirements in §87224(d) apply to the notice to quit and include the exact Health & Safety Code §1569.683(a)(4) statement.

Does an ARF need that same exact RCFE statement?

No. The ARF eviction regulation does not contain the RCFE-specific §1569.683(a)(4) disclosure requirement.

Can RCCS guarantee licensing will approve the 3-Day Notice?

No. RCCS can assist with administrative documentation and notice preparation, but licensing determines whether the facility has met the approval requirements applicable to the proposed three-day eviction.

What happens if the resident or client refuses to leave?

The matter may require additional legal procedures. RCCS's three-day notice service does not include litigation or court representation. Facilities should obtain qualified California legal counsel when an unlawful-detainer or other civil proceeding becomes necessary.

Important Service Information

Rosenthal Community Care Services provides administrative compliance consulting and document-preparation support. RCCS is not acting as the facility's attorney and does not provide legal representation through this product.

A three-day eviction is an exceptional procedure. Purchasing a template or document-preparation service does not establish that the regulatory standard for a three-day eviction has been satisfied and does not constitute approval from Community Care Licensing.

The facility is responsible for providing complete and accurate information regarding the resident or client, incidents, witnesses, dates, locations, circumstances, facility records, licensing communications, and approval.

RCCS will not knowingly include fabricated, altered, materially false, misleading, or unsupported allegations in a three-day notice.

The facility remains responsible for obtaining and retaining the licensing approval required by the applicable ARF or RCFE regulation before serving the three-day notice.

Nothing in this service authorizes physical removal, lockout, termination of utilities, disposal of belongings, intimidation, or another form of unlawful self-help eviction.

When a resident or client remains in the facility after the effective date, the facility should obtain qualified California legal counsel concerning any necessary civil court process, unlawful-detainer action, service requirements, possession proceedings, or other legal remedies.

Laws, regulations, licensing interpretations, and individual factual circumstances can change or differ. The final notice should be based on the information and regulatory requirements applicable when the service is performed.

California ARF & RCFE 3-Day Eviction Notice Preparation

This RCCS service is designed for California RCFE owners, ARF owners, assisted living administrators, Adult Residential Facility administrators, board-and-care operators, residential care facility owners, and Community Care Licensing providers who need help preparing a Title 22 three-day notice after or in connection with the applicable licensing-approval process.

RCCS distinguishes between the ARF 3-Day Notice under 22 CCR §85068.5 and the RCFE 3-Day Notice under 22 CCR §87224, including the different approval rules, factual requirements, responsible-person or authorized-representative notifications, and the additional disclosures required for an RCFE notice.

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3-Day Notice Template | ARF & RCFE