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How Do You Evict a Holdover Tenant in Florida

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  • 03-03-2017, 08:23 AM
    Lanecomm
    How Do You Evict a Holdover Tenant in Florida
    My question involves landlord-tenant law in the State of: FLORIDA

    What is the correct and proper process for evicting hold over tenants in Florida and recovering my property? I want to be sure and do this right the first time as I am anticipating my current tenants will not move out on or before the lease expiration date.

    I have already sent them a certified letter many months before the lease ends (June 1, 2017) explaining I would be selling the property and there would be no additional renewal or extension granted as I am going to sell the property. They have told me they recently have had no luck finding a place so i anticipate this could be a problem.

    We are now at about the 90 days to expiration point so i need to focus on the next steps?

    Thank you

    Steve
  • 03-03-2017, 01:05 PM
    adjusterjack
    Re: How Do You Evict a Holdover Tenant in Florida
    Here are the eviction statutes for residential rentals:

    http://www.leg.state.fl.us/Statutes/...s/0083.58.html

    http://www.leg.state.fl.us/Statutes/...s/0083.59.html

    Go on to your county court's website and look for forms and instructions. If your county court doesn't have any go to the court websites of bigger counties until you find them and then you can modify them for your own court.

    If they do move out at the proper time, you'll need to properly refund their security deposit (if you have one) in accordance with the following statute:

    http://www.leg.state.fl.us/Statutes/...s/0083.49.html

    Another thing. Sometimes a tenant will try to avoid paying the last month's rent and let the deposit cover it. Don't let that happen. If he fails to pay on the due date hand him a 3 day pay or quit notice per 83.56 (3) and (4):

    http://www.leg.state.fl.us/Statutes/...s/0083.56.html

    Then explain that you will file for eviction in court when the 3 days are up and the eviction will end up on his credit report.

    And do it.

    I realize that everything might work out just fine but if it doesn't and the tenant tries to take advantage of you you want to step on him with both feet or end up with a holdover tenant for months and no money.
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