What Is A Holdover Tenant In A Florida Commercial Lease Situation And What Recourse Do You Have?

Florida Statute 83.06 gives landlords some extra strength in the even that a tenant becomes a holdover tenant. A holdover tenant is a tenant that refuses to leave the premises at the end of a lease. In order to discourage this type of activity from a tenant the law provides multiple options.

The landlord is entitled to twice the agreed upon rent in the earlier lease if the tenant refuses to give up possession at the end of the lease.
A holdover tenant can also be seen as a trespasser and the landlord can seek damages for the reasonable rental value of the property in court.
Another option is that the landlord can demand that rent be increases from the original lease and the tenant will be required to pay the new rent from the holdover tenant.
The last option afforded by law to address holdover tenants is that the landlord can begin eviction proceedings.

Florida leases don’t automatically renew, which gives landlords a variety of options when tenants won’t leave, also known as holdover tenants.

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The RE/MAX Keys Connection office is located in the Historic Heritage House in the heart of Old Town, conveniently located immediately nearby major downtown hotels. Our unique, cafe-style real estate office offers our valued clients a welcoming, upscale, professional environment. Enjoy complimentary beverages, free wi-fi, and a private conference room or expansive front porch, depending on the level of privacy you’re most comfortable with.

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RE/MAX Keys Connection’s owner and broker Curtis Skomp is one of South Florida’s top commercial real estate brokers. With over two decades of experience and a CCIM (Certified Commercial Investment Member) designation, Curtis has brokered commercial real estate including industrial properties, shopping centers, strip malls, trailer parks, bars, restaurants, hotels and multi-unit apartment buildings. Unlike many brokers, Curtis isn’t intimidated by bank foreclosures either.
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