Holdover Tenancy in Florida
A holdover tenancy occurs when a tenant remains after lease expiration without consent. The tenant becomes a tenant at sufferance. If the landlord accepts rent, a new month-to-month tenancy is created on the same terms (§83.04).
Landlord Options
- Treat as trespasser and pursue eviction
- Accept rent (creates new periodic tenancy)
- Do not accept rent if planning to evict
Landlord Remedies
- Eviction action (Chapter 83 unlawful detainer)
- Double/increased rent per lease holdover provision
- Damages for lost re-leasing opportunity
- Security deposit application
Prevention
Clear expiration dates, holdover rent provisions (150-200%), advance expiration notices, early renewal negotiation, and waiver of statutory periodic tenancy presumption.
Related Terms
- Estate for Years — Lease term
- Contract — Lease provisions
- Equity — Tenant rights
Barnes Walker Landlord-Tenant Law
Barnes Walker's attorneys handle holdover tenancy disputes for Florida landlords and tenants. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC