Florida Holdover Tenant: Definition, Process & Double Rent
A holdover tenant in Florida is one who refuses to leave after their lease ends or after a termination notice expires. Florida gives landlords unusual leverage in this scenario: you can demand double the monthly rent under Fla. Stat. § 83.06. But only if you do two things right — serve the proper notice, and never accept rent after lease expiration.
A Florida holdover tenant is technically a "tenant at sufferance" — no lease right to stay, but not yet evicted. Three steps to remove them: (1) serve a written demand for possession + a 15-Day Notice under § 83.57(3) if the tenancy has rolled to month-to-month, (2) refuse any rent tendered (acceptance can create a new tenancy), (3) file the eviction after the 15 days expire and claim double rent for the holdover period under § 83.06 if you made a written demand before they held over.
Two ways tenants become "holdover"
Both are governed by Florida statute. The difference matters for what comes next.
Lease expired naturally
The fixed-term lease (1 year, 6 months) reached its end date and the tenant stayed. The lease was silent about holdover, OR the lease said "tenant becomes month-to-month upon expiration."
Florida defaults to month-to-month tenancy when a fixed lease expires and the tenant remains in possession (as long as no rent was paid after the lease ended). You terminate with a 15-Day Notice under § 83.57(3).
Tenancy was already terminated
You served a 3-Day, 7-Day, or 15-Day Notice; the period expired; the tenant didn't leave. They are now a holdover tenant from the date the notice expired.
File the eviction immediately. Their continued occupancy after notice expiration is the basis for the eviction. Double rent under § 83.06 may apply if you served a written demand for possession.
Double rent under Fla. Stat. § 83.06 — the leverage no one talks about
Most Florida landlord guides skip this. They shouldn't.
"When any tenant refuses to give up possession of the premises at the end of his or her lease, the landlord ... may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month."
Two requirements to claim double rent:
- The tenant willfully holds over (refuses to give up possession at lease end)
- You make a written demand for possession before claiming double rent damages
Practical effect: if your tenant pays $2,500/month and holds over for 2 months, the recoverable damages include $10,000 (2 × $2,500 × 2 months) — not just $5,000 in lost rent. The judgment includes this amount, even if collection from the evicted tenant is difficult.
How to actually claim double rent and back rent in your eviction filing →
The most expensive mistake: accepting rent after lease expiration
Florida courts have repeatedly held that accepting rent after a tenancy ends creates a new month-to-month tenancy by implication. This restarts everything.
Accept the rent check the tenant slides under the door after the lease ended. Don't deposit it. Don't say 'okay just this month.'
Return the check with a written note: 'Returned without prejudice. The lease has expired and no new tenancy is being created. Your continued occupancy is as a holdover tenant only.' Keep a dated copy of the note.
Why this matters: if a court finds you accepted rent, your double-rent claim under § 83.06 is gone (because the holdover ended the moment you accepted), AND you may have created a new tenancy that requires its own 15-day termination notice to end. A single accepted check can add 30-45 days to the eviction.
Some Miami-Dade and Broward cities previously required 60-day notice before terminating a month-to-month tenancy. Florida HB 1417 (eff. July 1, 2023) preempted these. The statewide 15-day period under § 83.57(3) applies uniformly across Florida.
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
What is a holdover tenant in Florida?
A holdover tenant is someone who continues to occupy a rental unit after their lease has expired or after a termination notice has been served. In Florida, a holdover tenant is technically a "tenant at sufferance" — they have no lease right to be there, but they also have not yet been formally evicted. Their legal status is between tenant and trespasser.
Should I accept rent from a holdover tenant?
Be very careful. Under Florida law, accepting rent from a holdover tenant can be interpreted as creating a new month-to-month tenancy by acceptance. This restarts the eviction clock and creates new procedural obligations. If you want them out, do not accept payment — return any rent tendered with a written statement that no new tenancy is being created.
Can I charge a holdover tenant double rent in Florida?
Yes — under Fla. Stat. § 83.06, if a tenant willfully holds over after the lease ends AND you have demanded possession in writing, you may demand double the monthly rent for the holdover period. This is one of Florida's strongest landlord protections and is underused. The demand must be in writing and predate the holdover damages claim.
What notice do I serve a tenant whose lease just expired?
It depends on what comes next. If the lease ended and is silent on holdover, the tenancy becomes month-to-month — terminate with a 15-Day Notice under Fla. Stat. § 83.57(3). If the lease has a holdover clause that converts the tenancy to a specific term, follow that. If you simply want possession back without negotiation, serve the 15-day notice and refuse any rent tendered.
How long does a Florida holdover eviction take?
Roughly 4–6 weeks from notice service for an uncontested case. The 15-Day Notice runs 15 calendar days, then filing the eviction takes 2-3 weeks through default judgment and the writ of possession. Contested holdover cases can run 60-90 days.
Holdover tenant won't leave?
Generate the right notice + a written demand for possession that preserves your right to double rent under § 83.06. 90 seconds.
Start My Eviction