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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience:  Over 13 years experience in civil law.
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I have a holdover tenant whose lease has expired (Volusia County,

Resolved Question:

<p>I have a holdover tenant whose lease has expired (Volusia County, Fl). I am familiar with normal procedure for non-payment of rent (ie. 3-day notice, then motion for writ of possession). But is there a quicker method for a holdover? By the way, they have done material damage to the property, have not paid anything for this holdover period and owe back rent as well. Thanks for your soonest.</p><p>Also, what are propert forms and proper notice (time and forms) in an attempt to evict for holdover? </p><p> </p>
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

The three florid statutes that govern how holdover tenants are evicted are at the link below. You still have to go through the formal notice and eviction process but if you win you can ask for double the rent during the holdover period.

 

 

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=tenant+and+double&URL=0000-0099/0083/Sections/0083.58.html

 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=tenant%20and%20double&URL=0000-0099/0083/Sections/0083.59.html

 

 

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=tenant+and+double&URL=0000-0099/0083/Sections/0083.06.html

 

 

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Customer: replied 3 years ago.

Maverick,

 

Thanks for your info. I am familiar with the 3 areas in the fl statutes to which you aimed me as I have had to do evictions before, but never due to holdover. I'm not certain of the process you are suggesting when you say 'you still need to file the formal notice and eviction'. Is this the same procedure I would do in a normal eviction.

 

After many years of experience, I know I won't get any $$ out of these folks and its not worth the effort. Just looking for the most expeditious route to take. I have alredy given them their 30day notice of termination (year lease ending 1/31/11), followed up with another 2 weeks prior to end of lease.

 

Can I put in a motion for writ of possession with an explanation or is there something else I need to do?

Expert:  Maverick replied 3 years ago.

The second link above states the following:

 

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.

 

(2) A landlord, the landlord's attorney, or the landlord's agent, applying for the removal of a tenant shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery.

 

So according to the statute there is no short cut method for evicting a holdover tenant. You have to file a suit for eviction just as if they had failed to pay rent.

Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 3431
Experience: Over 13 years experience in civil law.
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