Tenant Holding Over - Boca Raton Properties

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.