Holdover Tenant in Florida
You leased out a residential unit and your tenant’s lease has expired, but they refuse to leave the property. Now, what do you do? In Florida, you may have several options available to you.
What you may be dealing with is a holdover tenant situation. A holdover tenant is a person who continues to occupy a property after the expiration of a lease without the owner’s agreement. Chapter 83 of the Florida Statutes is instructive on handling a holdover tenant situation.
Section 83.58 of the Florida Statutes entitles an owner to demand double rent for the amount of time that tenant continues to stay in possession of the property. Section 83.59 of the Florida Statutes entitles an owner to recover possession of the by filing a complaint in the appropriate county court.
Generally, before a landlord can institute an action to evict a tenant and recover possession, a Landlord must give the tenant a certain amount of notice (ex: 3 days for failure to pay rent). An action for possession against a holdover tenant does not have the same requirement. Once the lease has properly terminated, and the tenant refuses to deliver possession of the property, the landlord may institute an action to recover possession.
Though the process is a bit more streamlined in this regard, there are still issues that may arise when trying to evict a holdover tenant. For instance, it is important to ensure the lease has properly terminated. If the lease has not terminated, the person is likely not a holdover tenant. As with any legal matter, the process can have its complexities. It is best to consult an attorney for legal advice to ensure that your matter is handled correctly the first time. If you have a potential landlord-tenant issue in Florida that you need assistance with, contact one of our attorneys at Smith & Eulo Law Firm, today, for a free consultation.