Evicting a Holdover Tenant in Florida (Double Rent Rules)

When a tenant refuses to leave after the lease expires, Florida law gives landlords a powerful remedy: double rent for every day the tenant remains. Here’s how to enforce it.

A holdover tenant is someone who remains in possession of a rental property after the lease has expired without the landlord’s consent. This is one of the most frustrating situations a Florida landlord can face — the lease is over, you want the property back, and the tenant simply refuses to leave. Florida’s legislature recognized this problem and created a specific statutory remedy: Section 83.58, Florida Statutes, which imposes double rent liability on any tenant who holds over after lease expiration when the landlord has given proper written notice of non-renewal.

Double rent is not a penalty or a fine — it is statutory damages designed to compensate the landlord for the loss of use of the property and to incentivize holdover tenants to vacate promptly. When properly enforced, it is one of the most powerful financial tools available to Florida landlords.

Table of Contents

1. What Is a Holdover Tenant Under Florida Law?
2. The Double Rent Statute: Section 83.58
3. Notice Requirements to Trigger Double Rent
4. Calculating Double Rent Damages
5. The Holdover Eviction Process
6. Common Holdover Tenant Defenses
7. Holdover vs. Month-to-Month Tenancy
8. Frequently Asked Questions

1. What Is a Holdover Tenant Under Florida Law?

Under Florida law, a holdover tenant is a person who remains in possession of a rental dwelling unit after the expiration of the lease term without the landlord’s permission. The key elements are that a valid lease existed, the lease term has ended, the landlord has not agreed to extend or renew the tenancy, and the tenant continues to occupy the premises.

Holdover situations commonly arise when a fixed-term lease expires and the tenant ignores or refuses to comply with a non-renewal notice; when the lease expires and neither party takes affirmative action, but the landlord then decides they want the property back; or when a tenant remains after being told the lease will not be renewed because the landlord intends to sell the property, renovate it, or re-lease it to a new tenant at a higher rent.

The legal status of the holdover tenant depends on what the landlord does in response. If the landlord takes no action and continues to accept rent after the lease expires, the tenant may be deemed to have converted to a month-to-month tenancy— which carries different notice requirements and eliminates the double-rent remedy. If the landlord has given prior written notice of non-renewal and does not accept rent after expiration, the tenant is a true holdover and is subject to the full force of Section 83.58.

2. The Double Rent Statute: Section 83.58

Section 83.58, Florida Statutes, provides that if the tenant holds over and the landlord accepts rent, the tenant’s tenancy becomes a tenancy at sufferance subject to the provisions of the previous rental agreement. However, the statute also provides that if the landlord has given the tenant written notice that the landlord does not intend to renew the lease, and the tenant fails to vacate, the tenant shall be liable for double the amount of rent for the period during which the tenant refuses to surrender possession.

The statutory language is significant in several respects. First, the double rent obligation is mandatory — the statute says the tenant “shall” be liable, not “may” be liable. Second, double rent accrues on a daily basis for the entire period the tenant remains in possession after the lease expires. Third, the prerequisite for double rent is simple: the landlord must have given written notice of non-renewal before the lease expired.

Double Rent vs. Market Rent

The double rent under Section 83.58 is calculated based on the rent amount stated in the expired lease — not the current market rate. If the lease provided for $2,000/month in rent, the holdover tenant is liable for $4,000/month (or approximately $131.51/day based on a 30.44-day average month) for every day they remain in the property. If market rent has increased since the lease was signed, the landlord may also be able to recover the difference between the contract rent and the market rent as additional consequential damages, though the double-rent calculation itself is based on the lease rate.

3. Notice Requirements to Trigger Double Rent

The double-rent remedy under Section 83.58 is only available if the landlord has given the tenant written notice of non-renewal before the lease expires. Without this notice, the holdover tenant may argue that the tenancy simply converted to a month-to-month arrangement, which eliminates the double-rent obligation.

When to Send the Non-Renewal Notice

While Section 83.58 does not specify a minimum number of days before lease expiration that the notice must be sent, best practice is to provide notice well in advance — at least thirty to sixty days before the lease expiration date. Many leases contain a provision requiring a specific notice period for non-renewal (for example, “either party must provide at least 60 days’ written notice of intent not to renew”). If your lease contains such a provision, comply with it. If the lease is silent on the non-renewal notice period, provide at least fifteen days’ notice to avoid any argument that the notice was untimely.

What the Non-Renewal Notice Must Say

The non-renewal notice should clearly state that the landlord is electing not to renew the lease; identify the lease expiration date; state that the tenant must vacate the premises and surrender possession on or before the expiration date; and inform the tenant that if the tenant fails to vacate, the tenant will be liable for double the amount of rent under Section 83.58 for each day the tenant remains in possession. While the statute does not require the landlord to cite the double-rent provision, including it in the notice puts the tenant on clear notice of the financial consequences of holding over.

Delivery of the Non-Renewal Notice

The non-renewal notice should be delivered in writing. The statute requires “written notice” but does not prescribe a specific method of delivery. Best practice is to deliver the notice using the same methods authorized by Section 83.56(4) for eviction notices — personal delivery, delivery to a person of suitable age and discretion, or posting and mailing — and to retain proof of delivery. Sending the notice by certified mail with return receipt requested, in addition to one of the statutory methods, creates a strong evidentiary record.

Do Not Accept Rent After the Lease Expires

If the lease expires and you continue to accept rent from the tenant, you may be deemed to have created a month-to-month tenancy — which defeats the double-rent claim. Once the lease expires and the tenant remains, do not accept any rent payments. If the tenant sends a check, return it uncashed. If the tenant makes an electronic payment, reverse it and notify the tenant in writing that the payment is being rejected because the lease has expired and has not been renewed. Accepting even one month’s rent after expiration can undermine your entire holdover case.

4. Calculating Double Rent Damages

Double rent under Section 83.58 is calculated by taking the monthly rent under the expired lease, doubling it, and prorating it on a daily basis for the period the tenant remains in possession after the lease expiration date.

Calculation Formula

In addition to double rent, the landlord may recover other damages caused by the holdover, including the cost of lost rental income if the landlord had a new tenant lined up who could not move in because of the holdover; reasonable attorney’s fees and court costs (if the lease provides for fee-shifting, or under Section 83.48); and any physical damage to the property caused by the tenant during the holdover period.

5. The Holdover Eviction Process

The process for evicting a holdover tenant follows the general framework described in the residential evictions pillar guide, with some important distinctions.

Do You Need a Separate 3-Day Notice?

This depends on the nature of the holdover. If the tenant is holding over and is not paying rent, the landlord should serve a three-day notice for nonpayment under Section 83.56(3) before filing the eviction complaint. If the tenant is holding over after the landlord provided a non-renewal notice and the lease has expired — regardless of whether the tenant is tendering rent (which the landlord should be rejecting) — the landlord may argue that no additional notice is required because the non-renewal notice itself constituted adequate notice that the tenancy was terminating.

However, the more conservative and defensible approach is to serve a formal notice after the lease expires — either a fifteen-day notice terminating any residual month-to-month tenancy (as a precaution) or a three-day notice if rent is unpaid. This “belt and suspenders” approach eliminates any argument that the tenant did not receive adequate notice and protects the landlord from a dismissal on technical grounds.

Filing the Eviction Complaint

The eviction complaint should allege the existence and terms of the expired lease; that the landlord served a written non-renewal notice before the lease expired; the date the lease expired; that the tenant has remained in possession after the expiration date without the landlord’s consent; that the landlord has not accepted rent since the lease expired; and a claim for double rent under Section 83.58 for the period of the holdover. The complaint should attach copies of the lease, the non-renewal notice, and proof of delivery of the non-renewal notice.

Proving the Double Rent Claim at Trial

To recover double rent, the landlord must prove at trial or by default that a valid written lease existed; the lease expired on a specific date; the landlord gave written notice of non-renewal before the expiration date; the tenant remained in possession after the expiration date; and the landlord did not accept rent after the lease expired. These elements are typically straightforward to prove if the landlord maintained proper documentation throughout the process.

6. Common Holdover Tenant Defenses

“I Never Received the Non-Renewal Notice”

The tenant may claim they never received the landlord’s written notice of non-renewal. This is why documenting delivery is essential. If the landlord can produce a certified mail receipt, an affidavit of service from a process server, or testimony from a witness who delivered the notice, this defense is easily defeated. If the landlord mailed the notice and posted it on the premises, the statutory delivery methods under Section 83.56(4) apply, and the landlord need only prove compliance with those methods.

“The Landlord Accepted Rent, Creating a Month-to-Month Tenancy”

This is the most dangerous defense for landlords. Under Section 83.58, if the landlord accepts rent after the lease expires, the holdover tenancy converts to a month-to-month arrangement, and the double-rent provision does not apply. The landlord must demonstrate that no rent was accepted after the lease expiration date. If rent was inadvertently accepted — for example, through an automated online payment system — the landlord should immediately return the payment and document the return in writing.

“The Lease Automatically Renewed”

Some leases contain automatic renewal clauses providing that the lease renews for an additional term unless one party gives notice of non-renewal within a specified period. If the landlord failed to provide the required non-renewal notice within the timeframe specified in the lease, the tenant may argue that the lease renewed and is still in effect. Review your lease carefully for automatic renewal provisions and ensure that any non-renewal notice is sent within the required timeframe.

“We Had an Oral Agreement to Extend”

The tenant may claim that the landlord orally agreed to let the tenant stay beyond the lease term. While oral modifications to written leases can be enforceable in some circumstances, the landlord can rebut this defense by producing the written non-renewal notice, demonstrating consistent refusal to accept rent, and presenting any written communications (emails, texts, letters) confirming that the tenancy was ending.

7. Holdover vs. Month-to-Month Tenancy

The distinction between a holdover tenant and a month-to-month tenant is critically important because it determines whether the landlord can recover double rent. Here is how the two situations differ.

The conversion from holdover to month-to-month is the single biggest risk in these cases. A landlord who sends a proper non-renewal notice but then accidentally processes a rent payment after the lease expires may lose the right to double rent entirely. Preventing this requires coordination between the landlord, the property manager, and any automated payment platforms used by the tenant.

Holdover Tenant Refusing to Leave?

Double rent adds up fast. Our firm handles holdover evictions aggressively to get you possession and maximum damages recovery.

8. Frequently Asked Questions

Related Guides

• ← Back to: Florida Residential Eviction Attorney (Pillar Guide)
• How to Serve a 3-Day Notice for Non-Payment of Rent
• Defeating Florida Tenant Delay Tactics & Court Registry Defenses
• Handling Abandoned Property After a Florida Eviction