Board and Care Admission Agreements in California: Clauses to Read Before Signing

Move-in day at a board and care home usually starts at a kitchen table with a thick stack of papers. Families are tired, a parent may be coming straight from the hospital, and everyone wants to get it done. But the RCFE admission agreement is a binding contract, and a few clauses in it decide what you pay, when the rate can rise, who is financially responsible and how a stay can end.

This guide explains what an RCFE admission agreement is under California law, what it must include, and the specific clauses families should read closely before signing: fees and extras, rate increases, deposits, the “responsible party” signature line, refunds and notice, eviction terms, arbitration and what happens at the end of life. It applies to small board and care homes and large assisted living communities alike, since both are licensed as Residential Care Facilities for the Elderly.

What Is an RCFE Admission Agreement?

An RCFE admission agreement is the written contract between a Residential Care Facility for the Elderly and a resident. California requires every licensed board and care home and assisted living community to use one. It lists the services provided, the rates, payment terms, house rules, resident rights and the conditions under which the agreement can end.

The rules come from the California Health and Safety Code (sections 1569.880 through 1569.889) and the state’s RCFE regulations (Title 22, section 87507). To be binding, the agreement must be signed and dated by the facility and by the resident or the resident’s representative, and any later changes must also be in writing, signed and dated. Attachments such as house rules and fee schedules are part of the contract.

You are entitled to see it before move-in. RCFEs must make a blank copy of their admission agreement available to the public on request, according to California Advocates for Nursing Home Reform (CANHR). Ask for one during your tour so you can read it at home, not on move-in day. Our guide to what to know before touring senior care homes in San Diego includes this in the tour checklist.

What Must a California RCFE Admission Agreement Include?

California requires the admission agreement to describe the services included in the basic rate, optional services and their costs, payment and billing procedures, how rates can change, refund and termination policies, conditions for eviction, visiting and grievance policies, house rules and the resident’s rights. Missing items are a reason to ask questions.

Items required or commonly required under Title 22, section 87507 and the related statutes:

• Basic services covered by the monthly rate
• Optional services and the fee for each
• Payment provisions: due date, method, late fees
• Rate change procedures, including care-level changes
• Refund policy for move-out, hospitalization and death
• Conditions for termination and eviction notice procedures
• Visiting policy and theft and loss policy
• Grievance procedures and the licensing agency’s right to inspect
• House rules, attached and signed
• Resident rights and advance directive information

If you are new to how these homes work, our guide to board and care homes in San Diego explains the basics.

Which Fee Clauses Should You Read Most Carefully?

Read the basic rate, the list of optional fees and any care-level or points system most carefully. These decide your real monthly cost. Make sure every service you were promised on the tour, such as incontinence supplies or transportation, appears in writing as included or lists its exact fee.

Questions to answer from the contract itself:

• What is the exact monthly rate, and which room does it cover?
• Which services are extra, and what does each cost?
• Is there a care-level system? How is the level assessed, and what does each level cost?
• Are there charges for supplies, escorts, transportation, laundry of special items or medication packaging?
• Are there late fees, and how much?

For residents on SSI, California limits extra charges to items such as a private room or special food services, and families cannot be required to supplement the rate. Our guide to what’s included in a board and care monthly rate lists the extras families most often miss.

What Does the Contract Say About Rate Increases?

Look for the clause that explains how and when rates can rise. Under California Health and Safety Code section 1569.655, as updated by SB 1406 effective January 1, 2025, RCFEs must give at least 90 days’ written notice of a general rate increase, with the amount and reason. Care-level increases follow separate rules and can happen faster.

What to check in the rate clause:

• General increases: the agreement should reflect the 90-day written notice requirement.
• Care-level increases: if your parent’s needs grow, the rate may rise after a reassessment. CANHR notes that the facility must give written, itemized notice of the change and the resident or family can ask to see the criteria and assessment.
• Frequency: ask how often the home typically raises rates and by how much in recent years.

For long-term budgeting, see our guide to how board and care rates change over time.

What Are the Rules on Deposits and Pre-Admission Fees?

California limits upfront charges. An RCFE may charge a pre-admission fee only with a written statement of what it covers, must refund it in full if your parent never moves in and partially if they leave in the first few months, and cannot charge security, damage or cleaning deposits. First and last month’s rate may be collected.

These protections come from Health and Safety Code section 1569.651. In practice:

• Ask for the pre-admission fee amount and the written explanation before paying.
• Residents receiving SSI cannot be charged a pre-admission fee.
• If a contract lists a “security deposit” or “cleaning fee,” ask the home to explain it in light of state law.
• Get receipts for everything paid at move-in.

If a facility closes and relocates residents, CANHR notes that residents can request a prorated refund of certain fees, a topic covered in our article on what happens if a board and care home closes or is sold.

Should You Sign as the “Responsible Party”?

Be careful with the signature line. Signing as your parent’s representative so the home knows whom to call is different from signing as a “responsible party” or guarantor who agrees to pay personally. Read the wording closely. If you do not intend to be personally liable for your parent’s bills, do not sign language that makes you so.

Practical guidance:

• Sign in your role. If you hold a power of attorney, sign as “Agent under power of attorney for [parent],” not just your name.
• Look for guarantee language such as “jointly and severally liable” or “personally guarantees payment.”
• Ask for edits. Homes sometimes agree to strike guarantee language when the resident’s own funds are clearly sufficient.
• Get legal advice from an elder law attorney if you are unsure. CANHR also cautions families about becoming personally liable.

Planning ahead helps. Our 12-month senior care planning checklist covers powers of attorney and other documents to have ready before a move.

What Do Termination, Refund and Notice Clauses Say?

Check how much notice your parent must give to move out, when refunds are paid, and how the facility can end the agreement. Unless the agreement says otherwise, a resident generally gives 30 days’ written notice to leave. The facility can end the stay only for reasons allowed by California regulations, with written notice.

Important points, as summarized by CANHR from Health and Safety Code section 1569.652:

• Move-out notice: typically 30 days in writing. Some homes ask for more; know the number before you sign.
• Death: the agreement ends automatically at death, and the facility cannot require advance notice. Fees may be charged only while belongings remain in the room, and relatives are not liable beyond the date of death unless they agreed in writing.
• Refunds: unused prepaid fees should be refunded after belongings are removed. Ask how and when.
• Hospital stays: ask whether the bed is held and whether the full rate applies while your parent is away.

For what the home may do when it wants your parent to leave, including the 30-day notice and allowed reasons, see our guide to board and care eviction rules in California.

What About Arbitration and Other Fine Print?

Many admission agreements include an arbitration clause, which sends disputes to a private arbitrator instead of court. Read it closely, ask whether signing it is required for admission, and consider having an elder law attorney review it. Also check clauses on pharmacy choice, personal belongings, visiting hours and house rules.

Other clauses worth a second look:

• Pharmacy: California resident rights law says a facility cannot require a resident to use a particular pharmacy or medical supply provider.
• Theft and loss: how belongings are inventoried and what the home’s policy is if items go missing.
• House rules: smoking, alcohol, visiting hours, pets, appliances in rooms.
• Hospice and dementia: whether the home has a hospice waiver and what happens if dementia care needs grow.
• Language that seems to waive rights: California resident rights apply regardless of contract language. Our guide to resident rights in California board and care homes lists them.

How Should You Review the Agreement Before Signing?

Get a blank copy during the tour, read it at home with a highlighter, write your questions down, and ask the administrator to answer them in writing or amend the contract. Do not sign under time pressure without reading it, even during a hospital discharge. Keep a signed copy, since the facility must give you one.

A simple review routine:

• Highlight every dollar figure and every deadline.
• Compare the services listed with what you were told on the tour.
• Circle any clause about personal liability, arbitration or waivers.
• Ask for changes in writing, initialed by both sides.
• Store the signed copy with your parent’s other important papers.

For example, a family in Chula Vista moving a mother from the hospital on a Friday might request the agreement Monday, read it Tuesday night, and settle their questions about supply fees and the responsible party line by Wednesday, well before move-in. Our page on board and care in Chula Vista covers that area.

How Elder Answers Helps

Elder Answers helps San Diego families understand what they are signing. Because our advisors personally visit the board and care homes we recommend, we know how each home structures its rates and extras, and we can help you compare admission agreements before move-in. We are not attorneys, so for legal questions we suggest an elder law attorney.

Our senior care placement help is free for families, because homes pay us after move-in, and that fee does not change your rate. We share your information only with homes you choose. We have helped local families for well over a decade. Contact Elder Answers for help finding residential senior care with clear, fair terms, starting with our overview of board and care homes in San Diego.

Frequently Asked Questions About RCFE Admission Agreements

Can I see an RCFE admission agreement before we commit?

Yes. California RCFEs must make a blank copy of their admission agreement available to the public on request. Ask for one during your tour so you can read it carefully before move-in day.

What must an RCFE admission agreement include in California?

It must describe basic services and rates, optional services and fees, payment and rate change procedures, refund and termination policies, eviction conditions, visiting and grievance policies, house rules and resident rights. The requirements come from Title 22, section 87507 and Health and Safety Code sections 1569.880 to 1569.889.

Do I become personally liable if I sign my parent’s admission agreement?

It depends on the wording. Signing as your parent’s agent or representative is different from signing as a guarantor. Look for language making you personally responsible for payment, ask to remove it if needed, and consult an elder law attorney if you are unsure.

How much notice does a board and care home need before raising the rate?

California requires at least 90 days’ written notice for general rate increases, stating the amount and reason. Increases due to a change in your parent’s care level can take effect sooner if the agreement provides for it, with a written explanation.

Can a board and care home charge a security deposit?

No. California does not allow RCFEs to charge security, damage or cleaning deposits. A home may collect first and last month’s rate and, with a written explanation, a refundable pre-admission fee, though not from residents on SSI.

Do I have to sign an arbitration agreement?

Read any arbitration clause carefully and ask the home whether it is required for admission. Arbitration can limit your ability to go to court. An elder law attorney can explain what the clause means for your family before you sign.

What happens to the admission agreement when a resident dies?

The agreement ends automatically at death, and the facility cannot require advance notice. Fees may be charged only while the resident’s belongings remain, and relatives are not liable beyond the date of death unless they agreed in writing.

How much notice does my parent need to give to move out?

Usually 30 days in writing unless the agreement says otherwise. Check the exact number in the termination clause before signing, and ask how refunds of prepaid fees are handled.