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[acmb05]

sorry... but WRONG!!
A '3-day notice (to pay or quit)' applies only to non-payment of rent. Since there is not an agreement to pay rent at all, it wouldn't apply. Further, absent any rent 'due date', the lease is considered to be weekly.

Applicable Florida Statutes:
83.01 Unwritten lease tenancy at will; duration.
83.02 Certain written leases tenancies at will; duration.
83.03 Termination of tenancy at will; length of notice.
83.04 Holding over after term, tenancy at sufferance, etc.

at: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm

Where did it say in that Statute that because there is no rent due date that it automatically converts to a week to week tennancy? Op's mother could very well argue that she has been there for 6 months and it was a month to month tennancy. Tha absents of rent does not make it a week to week tennancy automatically.

The only way it does is if the tennant is a worker for the landlord and he is receiving his place to live for part of his pay. Then it converts to whenever the tennant is paid. If tennant is paid weekly it is a week to week tennancy if paid monthly then it is a month to month tennancy.

 

[JETX]

Where did it say in that Statute that because there is no rent due date that it automatically converts to a week to week tennancy?

Nice spin!!!

You posted that the OP should "serve mommy dearest with a 3 day notice to quit", which is 100% wrong. The "3 day notice to PAY or quit" (you forgot that part) is for unpaid rent ONLY!!!
So, rather than admit your error.... you decide to focus on the term of the tenancy (correct spelling!!)... which was NEVER in question.

So, with your incorrec "advice" aside.... here is what I suggest the OP do:
Serve the mother with a SEVEN day notice to quit (assuming a 7 day 'lease duration').

And if you don't like that method... give her a 7 day notice of RENT increase.... to say $500 per week. And then when she doesn't pay THAT on the day due... THEN you can serve her with a 7 day notice to terminate due to breach!!!

In any case, if she doesn't leave when ordered.... start formal eviction proceedings, using the statutes noted in my earlier post.

Op's mother could very well argue that she has been there for 6 months and it was a month to month tennancy.

Of course she can argue that. And the plaintiff can just as equally (more so in fact), argue that 'mom' is a "transient occupancy" which has NO tenant rights at all!!
See FL Code 83.43(10):
"Transient occupancy" means occupancy when it is the intention of the parties that the occupancy will be temporary.

 

[canesfan81]

wow i do not feel so bad now that people who no alot more than me about this are arguing about what is the correct solution. anyways we will be talking to her parents on friday so maybe they will allow her to move back in with them. if not its on with this eviction process.