Resident Default.

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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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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