What Is a Holdover Tenant?
A holdover tenant (also called a tenant at sufferance) is a person who continues to occupy a rental property after their lease has expired without entering into a new lease or obtaining the landlord's consent to remain. The tenant originally had lawful possession but no longer has a legal right to occupy the property.
Florida Holdover Tenant Law
Under the Florida Residential Landlord and Tenant Act, Chapter 83, Florida Statutes, when a tenant holds over after the lease expires, the landlord has two options:
- Accept rent and create a new tenancy — If the landlord accepts rent from the holdover tenant, a new periodic tenancy is created (month-to-month if the original lease was for a year, week-to-week if the original lease was weekly). The terms of the expired lease generally carry forward.
- Refuse rent and begin eviction — If the landlord does not want the tenant to remain, they should refuse any rent payments and immediately begin the eviction process. Accepting even one rent payment can create a new tenancy and complicate eviction.
Evicting a Holdover Tenant in Florida
To evict a holdover tenant, the landlord must:
- Serve a 15-day notice to terminate the month-to-month tenancy (if one was inadvertently created), or proceed directly to eviction if no new tenancy was created.
- File an eviction action in county court if the tenant does not vacate.
- Obtain a final judgment and writ of possession from the court.
Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal under Section 83.67 regardless of whether the tenant is a holdover.
Double Rent for Holdover Tenants
Under Section 83.58, Florida Statutes, if a commercial tenant holds over after the lease expires and the landlord has given proper notice to vacate, the landlord may be entitled to double the amount of rent for the holdover period. This provision applies to commercial tenancies only, not residential.
Related Terms
- Tenant at Sufferance — The legal status of a holdover tenant
- Lease Agreement — The expired contract
- Tenant at Will — A tenant occupying with landlord consent but no formal lease
- Florida Landlord-Tenant Act — Governs eviction process
Barnes Walker Eviction Services
Barnes Walker's attorneys handle holdover tenant evictions and lease enforcement for landlords throughout Southwest Florida. 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