The Florida Eviction Process is not always smooth. For example, some Landlords have Broward Tenants that remain after the lease terminates. As a result, the “Holdover Tenant” is preventing them from renting the property. This can result in loss rent for the Landlord. Therefore, if you need to evict a Tenant that has stayed past the termination date, contact the Law Office of Brian P. Kowal, PA.
How does Florida Law deal with a “Holdover Tenant”?
According to Florida Statute 83.58, if a Tenant remains after the lease terminates, an Eviction can be filed. As a result, the Court may award the Landlord double rent if they refuse to leave. In addition, the Landlord is entitled to Summary Procedure. In other words, the Court must advance the case on their calendar giving them a priority hearing date.
A more useful example is a Holdover Tenant and a month-to-month Tenancy. If a Landlord wants to terminate a month-to-month Lease in June, they must give them 15 days notice to terminate. As a result, it must be given any day prior to June 15 since it is 15 days before the next rental period. If they are still in the property on July 1, they are now a Holdover Tenant.
Does a Tenant have any Defenses to a Holdover Tenant Eviction?
In a Holdover Tenant Eviction, the Landlord must show that they remained after the termination of the lease. Failure to provide this evidence may result in a dismissal. For example, the Landlord needs to show the Court the termination notice and proof that the Tenant was served. If the Notice that it was served is not attached to the Complaint, they may be able to defeat the Holdover Tenant Action.
If you are a Landlord and have Broward Tenants that remain after the lease terminates, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. Our office will represent you in removing the Holdover Tenant and return the property back to you.