Florida Complaint regarding double rent damages for holdover
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FAQ
Chapter 83 of the Florida Statutes is instructive on handling a holdover tenant situation. Section 83.58 of the Florida Statutes entitles an owner to demand double rent for the amount of time that the tenant continues to stay in possession of the property.
When a tenant remains in possession of the rental after the agreement term expires they are considered a ?holdover tenant? . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate.
Evicting a Holdover Tenant Similar to normal lease termination, the landlord must provide the holdover tenant with a notice of eviction. In the case of a standard lease, landlords must provide tenants a 3-day notice of eviction for non-payment of rent and a 7-day notice of eviction for violating the lease agreement.
Most landlords are aware of the 3 day notice requirements for a non-payment of rent eviction, and the 7 day notice requirements for a non-compliance with lease eviction. There are no such requirements for an eviction where the tenant is a holdover, assuming the lease has been properly terminated.
Ing to Florida Statute 83.58, if a Tenant remains after the lease terminates, an Eviction can be filed. As a result, the Court may award the Landlord double rent if they refuse to leave. In addition, the Landlord is entitled to Summary Procedure.
Chapter 83 of the Florida Statutes is instructive on handling a holdover tenant situation. Section 83.58 of the Florida Statutes entitles an owner to demand double rent for the amount of time that the tenant continues to stay in possession of the property.
At the end of the lease term, the tenant remains in possession without entering into a new lease agreement or obtaining permission from the landlord. In this case, the tenant becomes a holdover tenant under Florida law. The landlord may choose to evict the tenant or accept rent and establish a new tenancy.
Holdover Tenancies Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate. In Florida the landlord has the right to charge double the monthly rent amount as holdover rent.
