Resident Default.

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.

 

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