A holdover tenant is someone who stays in possession of the rental unit after the legal term of their lease has ended. Whether this is allowed depends on whether the landlord accepts rent from the tenant after the expiration date.
How It Applies to Florida Landlords
In Florida, if a tenant stays past the lease term and you accept a rent payment, you may have inadvertently created a month-to-month tenancy, which complicates eviction procedures. Under Florida Statute 83.58, if a tenant remains without permission, the landlord may be entitled to "double rent" for the period they hold over, though this must be enforced through a specific legal process. It is critical to take action immediately if you do not want to renew a lease: provide the tenant with a formal notice that their lease will not be renewed and that they must vacate. Do not accept any partial payments after the expiration date without written agreement, as this can undermine your legal standing.
Key Takeaways
- Do not accept rent from a tenant after the lease ends if you intend to remove them.
- Document all attempts to recover possession of the property.
- Consult an attorney before attempting to charge double rent, as strict procedures apply.
- Serve written notice of lease non-renewal well in advance of the expiration date.