Care Home and Tenants Rights

What is a Care Home?

 A care home is rented accommodation that provides care services. Such services include nursing care, prescription drug supervision, an emergency response system, transportation, incontinence care and assistance with daily activities (e.g., eating, bathing, dressing, and personal hygiene).

If you live in a care home, you have the same rights as other tenants under the Residential Tenancies Act (RTA) to live in a safe, well-maintained home. Hospitals and long-term care homes (e.g. nursing homes) run by municipalities or Indian Band Councils do not qualify as care homes (however, elderly adults in such homes can take advantage of the home care Bill of Rights set out in the Long Term Care Act).

Care Home Information Packages

 Before you sign a tenancy agreement, your landlord must provide you with a Care Home Information Package (CHIP). This should include information such as:

  • How to make a complaint
  • Whether there is an emergency response system
  • The types of rental units and the cost
  • The types of care services available and their cost
  • Optional services available and their cost
  • The minimum number of staff that must be in the home at all times
  • Staff qualifications

Tenancy Agreements

As a tenant in a care home, you are also entitled to a written tenancy agreement which outlines your rent, the cost of meals and care services, your right to consult an outside party about the agreement and your right to cancel the agreement by written notice to the landlord within five days.

You may end your tenancy agreement at any time with 30 days’ notice to your landlord. You may also cancel meals and services before your tenancy ends by giving 10 days’ notice to your landlord.

Eviction Based on Care Needs

As a care home tenant, you may be evicted due to change in your condition or needs. The Tenants Board must hold a hearing when your landlord must provide you with thirty days of notice of the hearing.

To make a decision in favor of your landlord, he or she must prove to the Board that:

  • Your needs cannot be met by the landlord’s care services, even when combined with other services available in your community; and
  • Appropriate alternative accommodations are available.

Your landlord cannot therefore evict you unless you can move into the alternative accommodation on the same day that you move out of your current home.

If you do not wish to move, you must provide written notice to the Board expressing this wish.  The Board is also required to offer mediation to you and your landlord.

 

Most Popular

Related Posts

World Elder Abuse Awareness Day (WEADD)

Financial abuse is the most common abuse of elder abuse and is the use of a person’s money in a fraudulent way and without their consent or awareness. The Canadian Securities Administrators is launching a campaign this month, which is aimed at family, friends and caregivers of older adults. People are being encouraged to reach

Read More »

Making a Will

What is a Will? A Will is a legally binding declaration of a person’s wishes regarding the disposition of his or her estate after death. Typically, a Will includes clauses such as: identification of the person making the Will; revocation of all previous Wills; appointment of executors and guardians; payment of debts and taxes; specific

Read More »

Your Rights as a Patient

As Canadians age and the need for health care increases, it is invaluable to be aware of your rights as a patient to ensure you make informed decisions about medical treatment decisions. Right to Information on All Treatment Options Also known as the Right of Informed Consent, your doctor is required to inform you of

Read More »

Bought a House

The role, powers and obligations of an attorney for property are set out by statute (Substitute Decisions Act, 1992) as interpreted by the courts (called common law). Purpose A Continuing Power of Attorney for Property is signed by an individual when they are capable and appoints a person (or persons) to manage their property (including

Read More »

When Parents Resist Care

As the Canadian population ages, children of seniors are increasingly challenged with parents who need support. In many instances, parents resist this assistance, as it often represents a loss of independence. How can we plan for these changes? Communication As is the case with most things in life, we can make the most progress with

Read More »

My Aging Parent is Resisting Care

My aging parent is resisting care? How do I deal with this? As the Canadian population ages, children of seniors are increasingly challenged with parents who need support. In many instances, parents resist this assistance, as it often represents a loss of independence. How can we plan for these changes? As is the case with

Read More »
Scroll to Top