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Complaint for Unlawful Detainer - Residential Tenant Holding Over...

Broward Florida Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

Name: Broward Florida Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
Brand: US Legal Forms
Rating: 4.65 (375 reviews)

Category:

Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

County:

Broward

Control #:

US-03315BG

Format:

Instant download

Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.

An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Broward Florida Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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FAQ

Once the tenant holds over, the landlord, under Section 83.06, Florida Statutes, has the right to charge up to 200% of the last known rental rate to the holdover tenant.

Evicting a Holdover Tenant Similar to normal lease termination, the landlord must provide the holdover tenant with a notice of eviction. In the case of a standard lease, landlords must provide tenants a 3-day notice of eviction for non-payment of rent and a 7-day notice of eviction for violating the lease agreement.

If you mail the notice to the tenant, then the tenant has at least 15 days to claim the property. Remember that you can charge the tenant for the reasonable costs of storing the property and prohibit the tenant (or owner of the property) from claiming the property until those costs have been paid (see Fla.

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.

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.

If the lease expired and the tenant won't leave, you'll need to either file an eviction or let the tenant be. If you do nothing, then the tenant will become a holdover tenant as discussed earlier in this post. If you're going to proceed forward with an eviction, be sure to follow all the proper legal procedures.

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.

More info

In a Holdover Tenant Eviction, the Landlord must show that they remained after the termination of the lease. Florida Residential Landlord and Tenant Act (Fla.The Attorney General of Florida. As legal advisor to state, county. municipal. A landlord is allowed to evict a tenant for failing to pay rent on time.

Broward Florida Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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