Eviction of Holdover Tenant in Florida

A holdover tenant remains in possession of the rented property after expiration of the rental agreement without permission or consent of the landlord.  

If the written rental agreement has terminated (at the end of the lease), or the landlord has terminated the rental agreement with proper notice, then the tenant is no longer in legal possession of the property.  The tenant remains on the property without the consent of the landlord after termination of a renal agreement.

A rental agreement could be written or oral.  A written lease may specify a term of lease and even an expiration date.  Always review your lease when considering legal action against the tenant.

If the rental agreement is  oral, or if the written but does not specify a term of the tenancy; then the landlord may terminate the rental agreement with proper written notice.

A proper notice to tenant must be written and in some cases delivered via special means.  A proper notice is almost always not an oral communication (face to face or telephone or text conversation with your tenant),  Florida eviction law provides some guidance as to language that must be in included in a notice to tenant.

Evicting  a 'holdover tenant' is a different process than evicting a tenant for non-payment of rent, for example.  Understanding the difference is very important, since the court could dismiss your case or the landlord could forfeit 'double-rent' , if filed improperly.

Florida eviction attorney Christophe Fiori represents landlords in residential and commercial eviction cases in courts throughout central Florida to recover their property from holdover tenants.  Call for a free Consultation (813) 333-1660 or click here to schedule a free consultation.

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