By: Shawn Rader.
When a resident has failed to pay their monthly fee, what remedy does the ALF owner have under Florida law? It is not the same as a residential eviction under Chapter 83 of the Florida statutes. Under Chapter 429 of the Florida Statutes, a 45 day notice—not a 3-day notice—is required. This is also the minimum notice required when the owner wants to relocate a resident for failing to follow the rules or for bad behavior. No self –help is permitted, and repossession of a unit must be obtained through the courts. While the practical challenges of removing a resident who might suffer from immobility or other disabilities can be emotionally formidable, it is helpful to know that the law does allow eviction as a remedy when all else has failed. Balancing rights with image can serve an owner well. One does not have to put a resident’s personal property out on the nearest sidewalk. Storing it until it can be claimed or dealt with works better. In short, use the law wisely.