Claim Back Rent + Double Rent from a Florida Holdover Tenant
Florida landlords have a rare tool that most never use: under Fla. Stat. § 83.06, you can recover double the monthly rent from a tenant who willfully holds over after the lease ends. But only if you do one thing first — send a written demand for possession. Get the timing right and a 2-month holdover becomes a $20,000 judgment on a $5,000-rent unit.
Three steps to claim double rent under Fla. Stat. § 83.06: (1) the lease must end and the tenant must willfully hold over, (2) you serve a written demand for possession (must predate the damages period), (3) include both back rent and double-rent damages as a Count in your eviction Complaint. The court enters a money judgment alongside the writ of possession. Collection prospects are realistic but limited — most evicted tenants have minimal collectible assets, so the judgment is often best treated as a long-term lien rather than a cash recovery.
The written demand for possession — the one document that unlocks double rent
Without this document, the double-rent claim fails. With it, the entire holdover period (counted from the demand date forward) is billable at 2x.
- Tenant's full legal name + property address with unit number
- Statement that the lease expired on a specific date
- Specific demand that the tenant deliver up possession of the premises
- Notice that double rent under Fla. Stat. § 83.06 will be claimed for each day of holdover after the demand
- Date of the demand letter
- Landlord's signature
Service method: hand-delivery, household member 15+, or door posting — same as Florida notice service rules. Save proof of service (photo + dated note, certified mail receipt, or process-server affidavit).
When to serve: on or before the lease expiration date for maximum recovery. Every day the demand is delayed is one day of holdover at the regular rate instead of double.
Worked example: $3,500/mo unit, 60-day holdover
Same scenario, two different outcomes — one with a § 83.06 demand letter, one without.
Landlord forgot to send § 83.06 demand
Landlord served demand on day lease expired
$7,000 difference from one letter. That's the leverage most Florida landlords don't realize they have.
Adding the damages claim to your eviction filing
The Complaint for Eviction can (and should) include a Count for damages alongside the Count for possession. Two Counts in one filing — one filing fee.
The standard eviction count seeking the writ of possession. Cites the lease, the expiration, and the tenant's failure to vacate.
The money-judgment count. Includes:
- Back rent at lease rate for any pre-demand period
- Double rent under § 83.06 for the post-demand holdover period
- Court filing fee ($185)
- Service of process fees
- Sheriff service fees
- Reasonable attorney fees (if lease provides for fee-shifting)
Realistic collection prospects
Honest assessment: you'll get the judgment. Whether you collect on it depends entirely on the tenant's financial situation.
| Collection method | Cost / effort | Realistic success rate |
|---|---|---|
| Wage garnishment | $50–200 in filing | High IF tenant has W-2 income |
| Bank levy | $100–300 | Hit-or-miss; you need to know the bank |
| Record judgment as lien | $20 recording fee | Valid 20 years in FL — long-term play |
| Sell to collection agency | Sell at 10–30% of face value | Immediate cash, low total recovery |
| Do nothing | $0 | Judgment sits; useful if tenant ever buys property in FL |
The 20-year lien is underrated. Florida judgments are enforceable for two decades. A tenant who is judgment-proof today may try to buy a home in 2032 and discover they need to pay you off first.
Florida HB 1417 (eff. July 1, 2023) prevents cities and counties from limiting or altering state landlord-tenant remedies. Double rent under § 83.06 is available in every Florida county, including Miami-Dade, Broward, and Palm Beach — regardless of local "tenant protection" ordinances that previously tried to limit it. More on HB 1417 preemption.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
How does double rent work under Florida law?
Fla. Stat. § 83.06 allows a landlord to demand and recover DOUBLE the monthly rent from a tenant who willfully holds over after the lease ends. Two requirements: (1) the tenant must "willfully" hold over (refuse to leave), (2) the landlord must demand possession in writing before claiming the double-rent damages. Without a written demand, the claim fails.
When does the double rent clock start?
When the lease ends AND the landlord has made a written demand for possession. Holdover days BEFORE the written demand are billable only at the regular lease rate. Days AFTER the written demand qualify for the double-rent calculation. Practical implication: send the written demand the day the lease expires (or sooner if you know they intend to hold over).
Can I just put the double rent claim in the eviction Complaint?
Yes — the Complaint for Eviction can include a Count for damages alongside the Count for possession. You request both possession AND money judgment for unpaid rent + double-rent damages + court costs. The court enters judgment for both if you prevail.
Will I actually collect the judgment?
Honestly: usually not, at least not in full. Most evicted tenants are evicted because they have no money. Collection options: (1) garnish wages if they have employment, (2) levy bank accounts (requires knowing where), (3) record the judgment as a lien (good for 20 years in Florida — useful if they ever buy property). Most landlords accept the judgment as a long-shot recovery rather than counting on the cash.
Can the tenant fight the double-rent claim?
Yes — main defenses: (1) the lease did not actually end on the date claimed, (2) landlord waived rights by accepting rent during the holdover (creates new tenancy), (3) the written demand was never properly served, (4) the "willful" element is missing (e.g., tenant was hospitalized and could not move). The "willful" defense is the most commonly attempted but rarely succeeds.
Claim every dollar Florida law gives you
The notice generator outputs both the eviction notice AND the § 83.06 written demand — so the double-rent clock starts on day one of holdover.
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