How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
19127644
Type Your Landlord-Tenant Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

22. No Holdover Permitted If Tenant does not have a written

Customer Question

22. No Holdover Permitted
If Tenant does not have a written renewal,extension or continuation of the Lease from the Landlord then Tenant must surrender and vacate the Property by the expiration date,termination, or early termination of the Lease as no holdover of Tenant's occupancy beyond the expiration date,termination or early termination of the Lease shall be allowed.
I am the Landlord,this clause is in my proposed commercial farming lease for crops on a 5 acre lot that has no structures. The lot is in Miami,Florida. I have not presented this Lease to any farmers yet. Is this clause compliant with Florida Statutes?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 11 months ago.

Hello,

Thank you for the information and your question. It would comply with the nonresidential landlord tenant law, however, it is important to note that you would still have to go through the legal process of removal of the tenant if they do not go voluntarily. The good news though is that under this Act, you, as the landlord can double their rent after the rental period ends if they refuse to surrender possession.

This is the provision about no holdover tenancy:

83.04 Holding over after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.

This is the double rent provision:

83.06 Right to demand double rent upon refusal to deliver possession.—

(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.

(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.

You can see the entire Act by going to the following link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you and Happy Holidays!

Expert:  Marsha411JD replied 11 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 21st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Related Landlord-Tenant Questions