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  1. #1
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    Nov 2011
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    Post What Do You Do After a Live-in Caregiver Quits

    My question involves a person located in the state of: Florida.

    The live in caregiver for my parents quit. I want to to make sure that we get her to move out as quickly as possible with as little disruption to my parents. What are my parents' duties to the live in caregiver? How much time do they have to give her to move out? What do they need to do if she doesn't voluntarily move out?

  2. #2
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    Default Re: What Do You Do After a Live-in Caregiver Quits

    This was an arrangement your parents came up with themselves, no agency or contract involved? If there is a contract (or contract and lease agreement), what does it say?

    Was rent part of compensation, or was there a separate rent payment? This is a room in the home, a mother-in-law's apartment, some other arrangement... ?

    Can you shed a bit of light on the circumstances that would cause your parents to be concerned that this person won't move out? Has she indicated that she plans to stay even though she's no longer going to work as a caregiver?

  3. #3
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    Nov 2011
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    Default Re: What Do You Do After a Live-in Caregiver Quits

    This was an arrangement my parents came up with by themselves. There is no contract that I am aware of.

    The agreement was that for $1,000.00 per month, the caregiver was to work M-F 9 am - 1 pm and 5-6pm. The caregiver was given the spare bedroom in the house for her personal use and my parents provided her with meals. I just spoke to her and she claims that she has 30 days to move out in which she will be looking for another caretaker position.

  4. #4
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    Default Re: What Do You Do After a Live-in Caregiver Quits

    Was that your way of saying that there is nothing in writing?

    According to Florida Rural Legal Services, the default is that an employee living in employer-provided housing has a periodic tenancy equivalent to the pay period. So if the employee is paid once per month, the employee has a month-to-month tenancy, while an employee paid weekly has a week-to-week tenancy.

    If the person is hoping to stay a month rent-free, although there is an issue of what the rent would be, there could be the possibility of seeking an eviction for nonpayment of rent.

    Given the informality of the arrangement it would be sensible for your parents to consult a lawyer. Florida also offers a legal helpline.

  5. #5
    Join Date
    Nov 2011
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    3

    Default Re: What Do You Do After a Live-in Caregiver Quits

    Yes that was my way of saying there was nothing in writing.

    Thank you for the links. I will have my father call the legal helpline for additional information.

    My research indicated that since the rent was a part of employment, that while the caregiver stays in the house and does not provide any services, she owes the rental value of the space until she moves out (FS 83.46 (3)).

    I will also make sure for the next caregiver, that my parents have an attorney draw up an agreement so we do not have to go through this again.

    Thank you for your time and I appreciate your quick reponse to my questions.

  6. #6
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    Default Re: What Do You Do After a Live-in Caregiver Quits

    Thanks for sharing the citation to the statute. It's consistent with what FLRS stated and clarifies the issue of rent. In terms of what rent is reasonable in the area, I suggest checking craigslist or one of the several "find a roommate" sites to try to determine what people are charging to rent rooms in that area.
    Quote Quoting Florida Statutes, Sec. 83.46. Rent; duration of tenancies.
    (1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.

    (2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.

    (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.

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