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A holdover tenant is one who does not vacate at the end of the lease term. In Florida, leases do not automatically renew unless the lease specifically states that it will. Barring any provision in the lease, the tenant is expected to vacate the premises and no warning or notice is required.
Although it may not be required by the lease and is certainly not required by Florida law, we highly recommend that the manager give a Notice of Non-renewal to the resident at least 30 days prior to the end of the lease.
When a tenant remains in possession of the rental after the agreement term expires they are considered a holdover tenant . Legally, they become a month-to-month tenant and all provisions of the original agreement remain in effect, including the requirement to provide 30 days written notice of their intent to vacate.
If the Tenants Have Moved outIt will no longer exist. This is under a rule quaintly known by lawyers as 'effluxion of time'. So, if the tenants have moved out by that date, then that is the end of it. The tenants no longer have any liability under the tenancy and the landlord no longer has any right to charge rent.
Florida law entitles every tenant, with or without a written lease, to the right of peaceful, private possession of a residence. Once they begin paying rent, the dwelling unit is theirs to use lawfully, and the landlord or property owner can enter the rental property only to make repairs or to inspect it.
Under the updated Florida Statutes 83.595, the landlord can execute a condition in the lease to provide an early termination offer to the tenant. The amount should be limited to two months of the required rent. Additionally, the tenant must send in a 60-day notice.
If a tenant disagrees to leave even after the completion of the lease period, you can approach the Civil Court, under the jurisdiction of which your property falls. You may seek the eviction of your tenant but you will have to abide by the Court's decision, whether or not it is in your favor.