Legal Question in Landlord & Tenant Law in Florida
Live-in house help
If you no longer need a housekeepers services and you want them to move out of your house, what is the process. How much notice do you have to give them. I gave her 3 weeks verbal notice and now she is saying she is not leaving until she fines somewhere else to stay. I do not pay her. it was room for service.
1 Answer from Attorneys
Re: Live-in house help
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Florida Statutes 83.46 (3) deals with a tenancy as a result of employment.
(3) If the dwelling unit is furnished without rent as an incident of
employment and there is no agreement as to the duration of the tenancy, the
duration is determined by the periods for which wages are payable. If wages
are payable weekly or more frequently, then the tenancy is from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that the employee ceases employment, the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This subsection shall not apply to an
employee or a resident manager of an apartment house or an apartment
complex when there is a written agreement to the contrary.
The housekeeper is obligated for rent. If she will not pay, give her a three day notice to pay or vacate and then file an action for eviction.
Scott R. Jay, Esq.
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