Florida holdover tenants: double rent under section 83.58 and the possession action under section 83.59
Florida's holdover remedy is one sentence long. Under s. 83.58, if the tenant holds over after the rental agreement expires without the landlord's permission, the landlord may recover possession as provided in s. 83.59 and may also "recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession."
What exactly does section 83.58 say?
The section is titled "Remedies; tenant holding over." It applies "if the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord." Two remedies follow: recover possession in the manner provided in s. 83.59, and recover double rent for the period the tenant refuses to surrender. The words "or any part thereof" mean a tenant who leaves a few belongings and keeps a key is still holding over.
Example a made-up Tampa lease at $1,500 a month ended on the last day of June and the tenant stays until July 11 without permission. If you apportion the July rent by day ($1,500 divided by 31 days, about $48.39 a day) for the 11 days, the single-rate amount is about $532.26 and the double-rate amount is about $1,064.52. The statute does not state a daily formula, so confirm how your court apportions before you claim a number.
What counts as permission?
The remedy depends on the stay being "without the permission of the landlord." If you tell the tenant they may stay, even informally, or you accept a new rent amount in a way that reads as an agreement, you invite the argument that you consented, and that a new tenancy exists. Ending a tenancy without a specific term uses s. 83.57: a month-to-month tenancy may be terminated by "not less than 30 days' notice prior to the end of any monthly period," with delivery under s. 83.56(4). Mixed signals cost landlords the double rent.
If you do want the tenant to continue, say so in writing with the new terms. One habit protects you in every state: decide before the lease ends whether the tenant is staying, leaving or moving to month-to-month, put that decision in writing, and be careful about what you do with rent that arrives after the end date.
How do you get possession?
Section 83.58 sends you to s. 83.59, the section on the landlord's right of access and action for possession, and not to self-help. Florida bans lockouts, utility shutoffs, bootlocks and removal of the tenant's belongings before a lawful eviction: s. 83.67(6) makes a violator liable for actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees. A double-rent claim does not offset that risk.
- Confirm the term ended and you did not agree to extend it.
- Send a written demand to vacate if your counsel advises one, delivered in a manner that the statute allows.
- File the action for possession and ask for the double rent in the complaint.
- Let the sheriff carry out the judgment.
What should you keep?
The end date of the lease, any written renewal offer the tenant did not accept, your demand to vacate with proof of delivery, and a ledger showing what was paid after the end date and how you applied it. Label any payment accepted after the end date as use and occupancy, not rent under a new lease. That is a drafting choice, not a statutory requirement, but it keeps the facts clear if the tenant argues you consented.
How DoorKeeping helps in Florida
DoorKeeping keeps each lease's end date, renewal offer and ledger together, so you can ask Claude or ChatGPT which leases ended last week and who is still living in the unit. Anything that goes to a tenant waits for your one-tap approval. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
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Questions
- Can a Florida landlord charge double rent for a holdover?
- Yes. Under s. 83.58 the landlord may recover double the rent due for the period the tenant refuses to surrender possession, after the rental agreement expires without permission.
- Does a partial holdover count in Florida?
- Yes. The section covers a tenant who continues in possession of the dwelling unit or any part of it.
- Can a Florida landlord lock out a holdover tenant?
- No. Section 83.67 bans lockouts and utility shutoffs, and a violation costs actual damages or three months' rent, whichever is greater.