Holdover Tenant Rights in Florida
Holdover tenants have limited but real rights in Florida: protection from self-help eviction (§83.67), right to formal court process, security deposit protections (§83.49), and protection from retaliation.
Tenant Protections
- No self-help eviction (lock changes, utility shutoffs prohibited)
- Formal court eviction process required
- Security deposit procedures must be followed
- Freedom from retaliatory eviction
- If rent accepted: gains periodic tenant rights
Holdover Rent
- Commercial: typically 150-200% per lease provision
- No lease provision: fair rental value applies
- Landlord cannot unilaterally increase without lease authority
- Accepting same rent creates periodic tenancy
How Holdover Ends
Voluntary vacating, completed eviction (judgment + writ), new lease, rent acceptance converting to periodic tenancy, or negotiated move-out agreement.
Related Terms
- Estate for Years — Lease expiration
- Contract — Lease terms
- Equity — Tenant protections
Barnes Walker Landlord-Tenant Law
Barnes Walker's attorneys represent Florida landlords and holdover tenants in eviction proceedings. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC