Tenant Holding Over - Boca Raton Properties

Gaston Reboredo • August 6, 2021

What Florida Law states - Actions the Landlord should take

On this topic we are not providing legal advice since we are not Lawyers. We are just citing Florida Law and providing a frame of best practices.

Many Landlords ask what they should do if a Tenant refuses to leave the property after the existing tenancy has been terminated. The situation is that when a month to month tenancy, which is a tenancy at will,or an existing lease agreement expires and either one is terminated by the Landlord and at the expiration of the tenancy, the Tenant is still on the property and refuses to leave. This is known as the tenant holding over and Florida Law is very specific about this and the process for the Landlord to recover possession of the property and double rent for the time Tenant was holding over. The first thing for a Landlord to do is to serve the proper Notice to Vacate and Termination of Tenancy or a Notice of Nonrenewal of Lease Agreement at the expiration of the Lease as described in Florida Law. For a month to month Tenancy the notice must be given at least 15 days prior to the next rental payment, for example if the rent on a month to month tenancy is paid on the first of the month, the Law states the notice of termination of the tenancy at will must be given at least 15 days prior to the first of the month. In the case of a written Lease Agreement you need to refer to what the Lease says (usually 30 days or 60 days prior to the expiration of the Lease but refer to your Lease) either Landlord or Tenant can give a notice of non renewal to the other. Landlords should be aware that some Leases provide for a notice that must be given by Tenant and are silent in the case of Landlord but based on the Law of reciprocity the Landlord must give the same notice the Tenant is required to give under the Lease.

Here is an extract from the Florida Landlord Tenant Act in regards to a Tenant Holding Over.

83.58 Remedies; tenant holding over.--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 in the manner provided for in s. 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.

83.59 Right of action for possession.-- (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section. (2) A landlord, the landlord's attorney, or the landlord's agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord's agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord's agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(3) The landlord shall not recover possession of a dwelling unit except: (a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined; (b) When the tenant has surrendered possession of the dwelling unit to the landlord; (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or (d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended. (4) The prevailing party is entitled to have judgment for costs and execution therefore.

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May Newsletter

By Florida PMServices • May 12, 2026

Welcome to the May edition of the Investor Newsletter! This month, the rental market is proving that strong returns are no longer just about rent growth. With operating costs taking center stage, investors are sharpening their focus on what really drives long-term returns. Inside, we cover these rising operating costs, take a quick look at ADUs, and round up the latest headlines shaping the market right now. The Quiet Profit Squeeze: Why Operating Costs Now Matter More Than Rent Growth Something is quietly changing inside single-family rental performance, and it is not something you will find in rent growth headlines! Even in markets where rents are holding steady or slowly growing, many portfolios are seeing a different pattern emerge; Net operating income is tightening, and the pressure is coming less from revenue and more from rising operating costs. Insurance has become one of the most unpredictable expenses for property owners. According to a recent article , premiums across commercial real estate are projected to rise another 8-15% annually in 2026. This is predicted to be driven by severe weather, higher rebuilding costs, and tighter underwriting standards. Bloomberg also recently noted that U.S. home insurance costs continue to rise as insurers adjust to growing climate and replacement cost pressures. For SFR investors, insurance is no longer a predictable line item. It is a cost that can impact cash flow from one renewal to the next. Maintenance and repairs are adding pressure as well. What many owners once viewed as routine upkeep has become a form of invisible inflation. According to a recent report , repair and maintenance costs have risen nearly 14% year over year and roughly 50% since 2020 in many locations. Deferred maintenance is also becoming more expensive to delay, often turning into much larger expenses down the road. Property taxes are another growing concern. Unlike insurance, tax increases tend to move more gradually through reassessments and municipal adjustments, making them easier to underestimate during underwriting. A Business Insider article highlights how taxes, insurance, and fees are becoming a larger share of “hidden costs” for property owners. Another article reported that property taxes and insurance now account for more than 21% of monthly housing costs in many markets. The takeaway for investors is that operational execution matters just as much as acquisition strategy. Strong returns depend on how well expenses are managed through proactive insurance reviews, preventative maintenance, tax monitoring, and disciplined renewal management. With rent growth normalizing in many areas, protecting NOI, rather than focusing only on revenue growth, may be becoming an even more important part of long term rental performance. Did You Know: Accessory Dwelling Unit (ADU) Everything You Need to Know in 60 Seconds! You might have heard them called "granny flats," "carriage houses," or "casitas," but in the real estate world, they are known as Accessory Dwelling Units (ADUs). As housing demand continues to rise nationwide, and many investors are looking for creative ways to maximize returns on existing properties, ADUs are a flexible option that can increase rental income, property value, and long-term investment potential. What is an ADU? An Accessory Dwelling Unit (ADU) is a smaller, secondary living space built on the same property as a primary home. To be a legal ADU, it must have its own kitchen, bathroom, and sleeping area. They can be detached, attached or repurposed from a home. Who uses an ADU? Homeowners and real estate investors often use ADUs to maximize their land and profits. It can provide a secondary housing option for additional tenants, multi-generational families, or short-term guests. For single-family rental investors, ADUs can turn one property into more income. Where are ADUs located? ADUs are appearing in neighborhoods across the country. As housing demand and affordability challenges continue to grow, more local governments are updating zoning rules to allow investors and homeowners to add these secondary living spaces to existing properties. When should an investor consider an ADU? ADUs may make most sense when a property has excess space, rental demand is strong, and local zoning allows secondary units. Many investors use this when they want to increase cash flow without purchasing another property. Why Are ADUs Important? ADUs are becoming a major trend in residential real estate. They can potentially: Increase rental income Help with housing shortages Offer flexible living arrangements Boost overall property value SFR Trending Headlines Stay Up to Date on the Hottest SFR News & Stories Wave of Price Cuts Arrives Before the Summer Heats Up Selena Gomez Eyes $1.6M Profit on Former Tom Petty Home Zillow and Redfin Brace for Major Legal Fight Are Tenants Saving by Not Owning ? Zuckerberg’s $170M Deal Breaks Miami Record Rate Update: We've Partnered with LendingOne to Bring You The Best DSCR Rates & Terms! DSCR Loan Advantages: Rates Often Lower Than Banks No Personal Income Requirement No Tax Returns Needed Not Reported on Credit Faster Closing Times Specialized Loans for Investors Only! Click for Financing Options! Until Next Month! The Florida Property Management Services Team