Question 1

How do you remove a holdover tenant in Florida?

Accepted Answer

FL holdover removal: the landlord must: give proper notice to vacate (Section 83.57: if no lease or month-to-month: 15 days written notice before the end of the month; if the lease specifies a notice period: follow the lease), wait for the notice period to expire, file an unlawful detainer or eviction action (if the tenant does not vacate: the landlord files in county court), obtain a final judgment (if the court rules in the landlord’s favor: the court enters a final judgment for possession), and obtain a writ of possession (the clerk issues the writ; the sheriff posts a 24-hour notice on the property; if the tenant does not vacate: the sheriff physically removes the tenant). Self-help eviction: is illegal in FL (the landlord cannot: change locks, shut off utilities, or remove the tenant’s belongings).

Question 2

What are the landlord’s obligations during holdover in Florida?

Accepted Answer

Obligations: do not accept rent (if the landlord accepts rent from a holdover tenant: a new month-to-month tenancy may be created; the landlord must then give proper notice to terminate the new tenancy before filing for removal), maintain the property (the landlord must continue to maintain the property in habitable condition during the holdover period), follow proper procedures (the landlord must follow the legal process: notice, filing, judgment, and writ; no self-help), and document everything (the landlord should: document the lease expiration, notice to vacate, and any communications with the tenant).

Question 3

What are the holdover tenant’s rights in Florida?

Accepted Answer

Tenant rights: proper notice (the tenant is entitled to proper notice before the landlord can file for removal), due process (the tenant has the right to: respond to the complaint, appear in court, and present defenses), reasonable time to vacate (after the court issues a judgment: the tenant has the time allowed by the writ of possession: typically 24 hours after the sheriff posts notice), and protection from self-help (the landlord cannot: change locks, shut off utilities, or remove the tenant’s belongings without a court order). The tenant: can raise defenses such as: improper notice, acceptance of rent creating a new tenancy, and retaliatory eviction.

Unlawful Detainer Holdover Tenant Removal

Holdover Tenant Removal in Florida

Process

Landlord Rules

Tenant Rights

Related Terms

Barnes Walker Real Estate

Ready to Get Started?