When Should Action Be Taken On A Holdover Tenant In Florida?
A tenant stays after the lease is up.
It's important to know when to deal with a holdover tenant in Florida. Landlords have clear choices under the law, but the timing and the right process are what matter most. This guide tells you when to step in and what really works.
What is a tenant who stays over?
Under Florida law, when a written lease reached its last day the tenant is expected to vacate. If they do not the automatically become a holdover tenant, also known as a tenant at sufferance, or simply a trespasser. While the law does not provide for the automatic renewal of written leases, your lease might. So be sure to read your lease carefully about what happens when the lease is up. It should state that it does not renew and a new lease is required.
What not to do
If you accept a rent payment after the lease is up, you create a new tenancy on a month to month basis.
If you give the tenant a 3 day notice, you have invited the tenant to create a new month to month tenancy, and they are legally entitled to pay the rent within the 3 days.
Once a new month to month tenancy has been created, it renews automatically each month forever until either party issues a written notice of non-renewal at least 30 days before the roll over date. This will probably mean that the tenant get to stay not just one extra month, but two extra months!
Before the lease is up, contact Alexander Patrick Johnson PLLC to guide you through the lease termination.