This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Florida Addressing Holdover Tenancy in a Lease: A Comprehensive Guide In the realm of leasing, holdover tenancy refers to situations when a tenant continues to occupy a property after their lease agreement has expired, and the landlord allows this occupancy on a temporary basis. Florida, like other states, has specific laws and regulations in place to address holdover tenancy situations in a lease. This article aims to provide a detailed description of how Florida handles holdover tenancy in lease agreements. Types of Holdover Tenancy in Florida: 1. Unconditional Holdover: This occurs when a tenant remains in the property without any agreement or permission from the landlord after the lease has expired. In such cases, the tenant may be considered a "tenant at sufferance" or a "tenant at will." 2. Conditional Holdover: When a tenant continues to stay on the property with the explicit or implied consent of the landlord after the lease term ends, it is known as conditional holdover. This situation often arises when the landlord explicitly or implicitly grants permission to the tenant to extend their stay. Addressing Holdover Tenancy in Florida: 1. Lease Provisions: Florida landlords can include specific language in the lease agreement to address holdover tenancy. The lease can outline the consequences, such as increased rent or additional fees, that a tenant would incur if they continue to occupy the property beyond the lease term without obtaining explicit permission from the landlord. 2. Notice Requirements: If there is no clause addressing holdover tenancy in the lease agreement, Florida law requires the landlord to provide written notice to the tenant, stating that their tenancy is terminated. The notice period is typically equivalent to the length of the rental payment period (usually a month). For instance, if rent is paid monthly, the landlord must give the tenant one month's notice. 3. Rent Calculation: While in holdover tenancy, tenants are typically required to pay rent at a higher rate than their original lease agreement. The additional amount is often referred to as "holdover rent" and is based on a percentage increase specified by the landlord or determined by Florida law. 4. Eviction: If a holdover tenant refuses to vacate the property after proper notice has been given, the landlord can proceed with eviction proceedings. This involves filing an unlawful detained lawsuit in court to regain possession of the property. The tenant will be served with a summons, and a court hearing will be scheduled. It is essential for both landlords and tenants in Florida to be familiar with these regulations to ensure a smooth transition after a lease term expires. To avoid potential conflicts, it is advisable to address holdover tenancy in the original lease agreement, clearly outlining the terms and consequences of both parties. To summarize, Florida has established guidelines for addressing holdover tenancy in leases. These guidelines include lease provisions, notice requirements, rent calculation, and eviction proceedings if necessary. By understanding these regulations, both landlords and tenants can navigate holdover tenancy situations effectively and ensure a fair resolution.
