Question:

If a resident or family gives 30-day notice to vacate an RCFE (e.g., Belmont Village) but the resident physically moves out before the 30 days are up, is the facility required under Title 22 to refund unused rent for the days the suite wasn’t occupied? Does Title 22 override the terms of the signed admission agreement?

​

Answer:

• Title 22 does not mandate a refund for unused days when a resident moves out early after giving notice.

• Most RCFE contracts require 30 days’ written notice, and families are financially responsible for the full 30 days regardless of move-out date.

• Refunds are typically only issued if:

  • The resident passes away during the 30-day period (prorated from date of death).

  • The facility requests the move-out due to inability to meet care needs (e.g., behavior issues, new medical needs).

• Facilities may prorate care/service fees (like medication management) based on the actual move-out date — but not room and board unless otherwise stated in the contract.

• Families should review the admission agreement, as that is the binding document, not Title 22 alone.

• ​

Expert Insight / Commentary:

Title 22 provides broad regulatory protections but does not override financial terms clearly agreed upon in a signed admission agreement. RCFE operators (like Belmont Village) are legally entitled to enforce their 30-day notice policy, even if the suite is vacated early. These policies are intended to ensure operational stability, including staffing and occupancy planning.

If the family disputes the fairness, they could:

• Review for any exception clauses in the agreement.

• Ask for managerial discretion based on circumstances.

• Appeal to the facility’s regional director or ombudsman if they feel the policy is misapplied.

But generally speaking, unless the facility cannot provide care or initiates the discharge, families remain responsible for the full 30-day notice period rent.