Quick Answers
- A tenant who stays past the lease without your consent is a "holdover." You do not have to renew, and you can move to remove them.
- Florida Statute 83.58 lets a landlord recover double rent from a tenant who holds over after the lease ends and refuses to leave. This is the single biggest reason to act quickly and correctly.
- Do not keep accepting rent after the lease ends unless you intend to continue the tenancy. Accepting rent can create a new month-to-month tenancy.
- A fixed-term lease that simply ends usually does not require a separate notice to vacate, but month-to-month tenancies do require statutory notice to terminate.
- You still cannot use self-help. Removal goes through the court and a Sheriff-enforced writ of possession.
- Timeline: An uncontested holdover eviction generally takes about 4 to 5 weeks once filed.
A Holdover Tenant Blocks Your Next Tenant
Every week a holdover stays is a week you cannot re-rent, and Florida law may entitle you to double rent. Talk to an eviction attorney now.
What is a holdover tenant in Florida?
A holdover tenant is one who stays in the property after their lease term has ended, without the landlord's agreement to a new term. It is one of the most common landlord problems and one of the most time-sensitive, because a holdover usually blocks you from delivering the property to a new tenant or buyer.
The key question is whether the tenancy actually ended. A fixed-term lease that reaches its end date generally terminates on its own. A month-to-month tenancy continues until properly terminated with statutory notice. Which situation you are in determines what notice, if any, you need before filing.
The double-rent rule most landlords don't know about
Florida Statute 83.58 gives landlords a powerful tool against holdover tenants. When a tenant holds over and refuses to vacate after the tenancy has ended, the landlord may recover double the rent for the period the tenant wrongfully remains. This is one of the few places in Florida landlord-tenant law where the statute works strongly in the landlord's favor.
It also changes the math for the tenant: a holdover that might have felt low-risk becomes expensive. Pursuing double rent requires the case to be handled correctly from the start, which is one more reason not to let a holdover drift while you decide what to do.
The most common holdover mistake is continuing to accept rent after the lease ends. The moment you accept a rent payment without a clear, written agreement about what it means, you risk converting the situation into a new month-to-month tenancy, which then requires its own statutory notice to terminate before you can file. You can undo your own holdover position with a single deposited check.
The implication: once the lease ends and you want the tenant out, stop accepting ordinary rent payments and get advice before depositing anything. What looks like "at least I'm getting some money" can quietly add weeks to the timeline and may weaken a double-rent claim under Statute 83.58.
Lease ended vs. month-to-month: which notice applies?
| Situation | What it usually takes to remove the tenant |
|---|---|
| Fixed-term lease reached its end date | The term has ended on its own. Often no separate termination notice is required before filing, though facts vary, so confirm before acting. |
| Month-to-month tenancy | Requires statutory written notice to terminate before filing. Confirm the current required notice period under Florida law for your situation. |
| Lease ended but you kept accepting rent | May have created a new month-to-month tenancy, which then requires its own termination notice. This is the trap to avoid. |
| Tenant holding over and refusing to leave | File for eviction. Florida Statute 83.58 may entitle you to double rent for the holdover period. |
Because the right move depends on the exact facts of your tenancy, the safest step is to have the situation reviewed before serving anything. A notice that does not match the tenancy can delay the case.
How to remove a holdover tenant, step by step
- Confirm the tenancy has ended or, for a month-to-month, serve the proper statutory termination notice.
- Stop accepting ordinary rent unless you intend to continue the tenancy.
- File the eviction with the county court for possession.
- Serve the tenant with the summons and complaint.
- Proceed to judgment and, if the tenant still will not leave, obtain a writ of possession.
- The Sheriff enforces the writ. The tenant gets 24 hours after it is posted to vacate.
- Pursue double rent for the holdover period where Statute 83.58 applies.
What you cannot do
As with any Florida eviction, self-help is illegal even when the lease has clearly ended. Under Florida Statute 83.59, removal goes through the county court and a Sheriff-enforced writ of possession, using the state's expedited summary procedure. Do not change the locks, shut off utilities, or remove the tenant's belongings.
Holding over and you need the unit back?
The firm has handled more than 35,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. For the full process and pricing, see our Florida eviction page.
Frequently Asked Questions
My tenant's lease ended but they won't leave. What can I do?
A tenant who stays past the lease without your consent is a holdover, and you can file to remove them. You do not have to renew. Depending on whether the tenancy was fixed-term or month-to-month, you may need to serve a termination notice first. Florida Statute 83.58 may also entitle you to double rent for the holdover period.
Can I really collect double rent from a holdover tenant in Florida?
Florida Statute 83.58 allows a landlord to recover double the rent from a tenant who holds over and refuses to vacate after the tenancy ends. Pursuing it requires the case to be handled correctly, so it is worth getting advice early.
Do I have to give notice if the lease just ended?
A fixed-term lease that reaches its end date generally terminates on its own, and often no separate notice is required before filing. A month-to-month tenancy must be terminated with statutory written notice first. The facts of your tenancy determine which applies, so confirm before serving anything.
I kept accepting rent after the lease ended. Did that hurt my case?
It might have. Accepting rent after the lease ends can create a new month-to-month tenancy, which then requires its own termination notice before you can file. Stop accepting ordinary rent once you want the tenant out, and get advice before depositing anything further.
Can I change the locks on a tenant whose lease has ended?
No. Self-help removal is illegal in Florida even after the lease ends. Changing locks, shutting off utilities, or removing belongings can expose you to liability. A holdover tenant must be removed through the court and a Sheriff-enforced writ of possession.
How long does it take to remove a holdover tenant?
An uncontested holdover eviction generally takes about 4 to 5 weeks once filed. A contested case takes longer and is quoted case by case.
Does the firm handle holdover evictions statewide?
Yes. The firm represents landlords in residential and commercial holdover evictions throughout Florida and has handled more than 35,000 eviction cases.