Florida Addressing Holdover Tenancy in a Lease

State:
Multi-State
Control #:
US-OL24031
Format:
Word; 
PDF
Instant download

Description

This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.

How to fill out Addressing Holdover Tenancy In A Lease?

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FAQ

A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 15 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 15 days and that the tenant must move out of the rental unit by that time.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

If a tenant won't leave when the lease is up, then a landlord can evict them. To do so, a landlord must follow a legal process to obtain a writ of possession. Evicting a tenant on your own ? even if they have no legal right to be on your property ? is illegal in Florida.

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 a tenant won't leave when the lease is up, then a landlord can evict them. To do so, a landlord must follow a legal process to obtain a writ of possession. Evicting a tenant on your own ? even if they have no legal right to be on your property ? is illegal in Florida.

Evicting a Holdover Tenant 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. The same rules apply to holdover tenants.

A Florida Landlord may not want to renew a Tenant's Lease for several reasons. However, they are not required to disclose them. While some leases require that that they give notice of non-renewal, others do not.

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.

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Florida Addressing Holdover Tenancy in a Lease