Residential leases, in any facility where a person “resides”, cannot contain a mandatory arbitration clause. The plain language of Civil Code Section 1953 states that waivers of litigation rights in a lease or rental agreement are void as public policy, and Civil Code section 1940 extends these rights to tenants, lessees, boarders, or others of a “dwelling unit.” This has been extended to senior care facilities because they also “reside” there. See Harris v. University Village Thousand Oaks CCRC, LLC (2020) 49 Cal.App.5th 847
Another case on the same arbitration issue, concerning a tort claim for bed bugs, also held tenant’s cannot be forced to arbitrate. See Williams v. 3620 W. 102nd Street, Inc. (2020) 53 Cal.App.5th 1087
Also, don’t forget, possibly the federal arbitration act could apply, if it involves interstate commerce, which is the prerequisite for the federal Act’s application. (Khalatian v. Prime Time Shuttle, Inc. (2015) 237 Cal.App.4th 651, 657