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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.
These include: 1. The right to a safe and habitable living space: Landlords are required to provide tenants with a safe and habitable living space. This means that the property must be free from hazards such as mold, lead paint, and other dangerous conditions. 2.
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.
In California, a holdover rent of 150% or 200% of base rent is common. In Vucinich, the court upheld a 500% increase. Landlords, however, should be cautious with including language that purports that the holdover rent is liquidated damages or a penalty.
On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.
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.
A ?holdover? occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.