[bachep]

My father took in a woman when she became homeless. He had known her for years. She was only supposed to stay for a couple of months. It has now been over three years. Lately there have been issues and my father feels it's time for her to go. She says that legally she has 90 days to get out. I don't believe that she knows what she's talking about. I read on another board that he has to give her a 14 day notice in writing and after that, if she doesn't leave, he should file it with the courts. Is this the proper procedure? By the way, this is not a case of her paying rent, he has simply allowed her to stay since she had nowhere else to go. If this is the proper procedure, what court should it be filed in?

[ScottGem]

You are almost correct. Since there is no lease or rental payment required, then she is considered a periodic tenant. FL law requires that he give her written notice to vacate within 15 days. If she does not meet the deadline, then he has to go to court for an eviction order. This will require a hearing at which an eviction order will be issued. The process should take a few weeks to a month or so.

Here is the law: Chapter 83 Section 03 - 2011 Florida Statutes - The Florida Senate

She is correct that 90 days is required where the tenancy is year by year. But that would require that there be a written lease that expires after one year. Absent a lease she would be considered month to month. Have him print out the law and give it to her along with the vacate letter. She can, of course try to fight it in court, but I doubt if she will win.