Evictions and Assisted Living

Evictions

Evictions from assisted living are governed by the residency agreement and the eligibility criteria for assisted living. The residency agreement must describe the circumstances under which the resident may no longer reside in the assisted living residence, as well as how a facility will decide to end a residency. A residency agreement should also include the circumstances that would allow a facility to change the terms of residency and the procedures the facility will follow for terminating a residency, especially when it comes to giving advance notice.<ref>Assisted Living Regulation, BC Reg 189/2019, Sch C, online: <canlii.ca/t/9lrn>. </ref>

A resident may be required to leave an assisted living facility if they:

• fail to pay fees;
• have care needs that can no longer be met in assisted living;
• are no longer able to make decisions that will allow them to function safely in assisted living and no longer have a spouse living with them who is willing and able to make decisions on their behalf;
• exhibit behaviours that jeopardize the safety and well-being of themselves or others; or
• are not complying with the terms of the residency agreement.<ref>Assisted Living Regulation, BC Reg 189/2019, ss 44-49, online: <canlii.ca/t/9lrn>; British Columbia, Ministry of Health, Home and Community Care Policy Manual, (6 February 2023) at 5.B, online: <www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/accountability/policy-and-standards/home-and-community-care-policy-manual>.</ref>

Health authorities must work collaboratively with the resident and assisted living service provider to arrange for the resident to move out of the assisted living residence.

While the law regarding eviction procedures from long-term care and assisted living is patchy, care facility operators should have procedures in place that ensure a fair, timely and effective process. Operators are bound by their duty of transparency and accountability under the Residents’ Bill of Rights.<ref>Community Care and Assisted Living Act, BC 2002, c 75, Sch, online: <canlii.ca/t/84lk>. </ref>

The resident should receive a clear warning letter which contains the grounds for eviction and the process that will be followed. The letter should indicate what changes the resident can make to avoid eviction and the date by which these changes must be made. If the offending activity or behaviour is corrected, the operator must indicate a date when the eviction warning becomes void (a sunset clause). Some facilities may issue a second warning letter before proceeding with a formal eviction letter.

Chapter 6 – Resolving Problems provides more advocacy tips and a guide on where to bring concerns and complaints regarding older adults receiving care.

References

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. See "act" and "common law."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."