Can an Assisted Living Facility Evict a Resident in Florida?

In Florida, assisted living facilities play a crucial role in providing care and support to elderly and disabled individuals. However, there are instances when a resident may need to be evicted from the facility. This article aims to explore the circumstances under which an assisted living facility can legally evict a resident in Florida.

Understanding the Eviction Process

In Florida, assisted living facilities are governed by the Florida Assisted Living Facilities Act. According to this act, a facility can evict a resident under certain conditions. Before proceeding with an eviction, the facility must follow a specific process to ensure the rights of the resident are protected.

Legal Grounds for Eviction

An assisted living facility can legally evict a resident if any of the following conditions are met:

1. Violation of Facility Rules: If a resident violates the rules and regulations of the facility, such as engaging in illegal activities or causing harm to others, the facility can initiate an eviction process.

2. Failure to Pay Fees: If a resident fails to pay their fees or fails to make arrangements to pay their fees, the facility can evict them. However, the facility must provide a written notice to the resident before proceeding with the eviction.

3. Health and Safety Concerns: If a resident’s presence poses a threat to the health and safety of others, the facility can evict them. This includes situations where a resident has a communicable disease that poses a risk to others or where a resident’s behavior is deemed dangerous.

4. Abuse or Neglect: If a resident is found to be abusing or neglecting another resident or staff member, the facility can legally evict them.

The Eviction Process

When an assisted living facility decides to evict a resident, they must follow a specific process:

1. Notice: The facility must provide the resident with a written notice of eviction. This notice should include the reasons for the eviction and the date by which the resident must vacate the premises.

2. Opportunity to Correct: The resident should be given an opportunity to correct the issue that led to the eviction. This may involve attending counseling sessions, participating in rehabilitation programs, or resolving any other issues that led to the eviction.

3. Final Decision: If the resident fails to correct the issue or if the eviction is deemed necessary due to health and safety concerns, the facility can proceed with the eviction process.

4. Legal Assistance: Both the resident and the facility have the right to seek legal assistance during the eviction process.

Conclusion

While assisted living facilities in Florida have the legal right to evict residents under certain circumstances, they must adhere to a specific process to ensure the rights of the residents are protected. It is essential for both residents and facility administrators to understand the eviction process and the legal grounds for eviction to ensure a fair and just resolution.