Florida Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Multi-State
Control #:
US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

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.

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.

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.

If the tenant does not comply with the written notice, then the landlord can file an eviction lawsuit (also sometimes called an "action for possession"). Florida law gives specific requirements to end a tenancy.

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Florida Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term