1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | the facility with a written 30-day notice when it was determined that R1 did not want to move into the facility. The facility utilized a text message from R1's responsible party indicating that R1 would not be moving in as the official 30-day notice, beginning October 1, 2025. According to R1's Admission Agreement signed September 2, 2025, a resident "may terminate this Agreement at any time, with or without cause, by giving the Executive Director of the Community or his/her designee thirty (30) days' prior written notice of termination. You need not cite a specific reason for the termination. If You move out without providing thirty (30) days notice, You will be responsible for the amount of your Monthly Fee through the date You move plus one full month's fees". ED indicated that, although they didn't receive a formal written notice, they used the text message as notice and informed the responsible party that they will only be responsible for the rent through the 30-days, October 1, 2025- October 30, 2025, and will not be charged an additional months rent. ED indicated that the facility was able to find a new tenant for the apartment to move in October 19, 2025, so offered to prorate what the responsible party owed in rent for October 1, 2025-October 16, 2025. According to ledger, the facility needs to edit their prorating of rent. The facility did not charge R1 care fees and care fees were credited to the account as R1 never received care at the facility. Facility did not charge $500 pet fee as the pet fee of $500 was credited as well.
According to the Admission Agreement, "If you leave Oakmont during the first (1st) month, You will receive a refund of 80% of the Community Fee (minus $500 for the assessment). If you leave Oakmont during the second (2nd) month, You will receive a refund of 60% of the Community Fee (minus the $500 for the assessment)". ED indicated that the facility was going to refund R1 and their responsible party 80% even though R1's move out date was during the second (2nd) month. R1 did not pay rent during the second (2nd) month so had a balance due of $3,852.42.
R1 is due 60% of their Community Fee in the amount of $5,397. Originally, the facility applied the 80% fee towards R1's remaining rent balance due. However, the Community Fee is a separate charge than a resident's rent. The facility agrees to refund R1 the Community Fee. The facility sent R1's responsible party payment of $1,366.60 on November 3, 2025. Text correspondence between facility and responsible party indicated that the check for $1,366.60 was received on November 8, 2025. The facility owes R1 and their responsible party an additional $4,030.40.
Based on records reviewed and interviews conducted, the preponderance of evidence standards have been met. Therefore, the above allegation is found to be SUBSTANTIATED. Per California Code of Regulations, Title 22, Division 6, Chapter 8, a deficiency is being cited on the attached 9099-D page.
Exit interview conducted. A copy of report and appeal rights were provided. |