Question 1

What is holdover occupant status in Florida?

Accepted Answer

FL holdover: a tenant who remains after lease expiration without landlord consent is a "holdover" with tenancy at sufferance. The holdover: had lawful possession initially, has no current legal right to remain, and is NOT a trespasser. The landlord: can evict through Chapter 83 procedures, or accept rent (creating a new periodic tenancy). If the landlord accepts rent: the new tenancy terms generally follow the expired lease. Section 83.04: for residential tenancies, the landlord must provide written notice before eviction.

Question 2

What notice must a Florida landlord give a holdover tenant?

Accepted Answer

Notice: residential (Chapter 83, Part II): the landlord must serve written notice to vacate; the notice period depends on the type of tenancy created by the holdover (month-to-month: 15 days notice; Section 83.57). Commercial (Chapter 83, Part I): no specific statutory notice period; the lease terms control. After notice: if the tenant does not vacate: the landlord files an eviction complaint with the county court. The court: holds a hearing and issues an order (the tenant is removed by the sheriff if necessary). Self-help eviction: prohibited (Section 83.67).

Question 3

Can a holdover tenant be charged double rent in Florida?

Accepted Answer

Double rent: Section 83.06: if a tenant holds over after the lease term and the landlord has not accepted rent: the landlord may recover double the rental value for the holdover period. Lease provisions: many leases include a double rent clause for holdover periods; FL courts enforce these provisions. The purpose: incentivizes the tenant to vacate promptly and compensates the landlord for the inconvenience and potential lost rental income. The double rent: is in addition to any other damages the landlord may recover (e.g., lost rental income from a new tenant who could not move in).

Tenancy at Sufferance Holdover Occupant Status

Holdover Occupant Status in Florida

Holdover Status

Landlord Options

Double Rent

Related Terms

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