If your Florida Tenant remains in your residential property after the natural expiration of the lease, your Tenant is a holdover tenant. Pursuant to Florida Statute 83.58, “if the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit…” This is significant as it allows a Landlord to immediately seek possession of the Property if a Tenant fails to vacate upon the end of a residential lease.
Further, Florida Statute 83.58 allows the Landlord to recover “double the amount of rent due…for the period during which the tenant refuses to surrender possession.” Based on this statute, the Landlord can seek to recover double the monthly rent for as long as the Tenant remains a holdover tenant.
As a recommendation, we would advise to send a Florida Notice of Nonrenewal Letter to your tenant if you are seeking to terminate the rental agreement (if the rental agreement is from year to year). In this Notice, you can advise the Tenant that if he/she remains in possession of the property, you as the Landlord will seek double the monthly rental payment for as long as the Tenant remains a holdover tenant.
The Law Office of Ryan S. Shipp, PLLC assists Landlords and Property Managers in the State of Florida with Evictions for Possession. Call us @ 561.699.0399 to learn more.