How Do I Remove a Holdover Tenant in Florida

Last Updated: May 27, 2025

Article By: Jared A.

Dealing with a holdover tenant in Florida can feel like an overwhelming challenge, especially when you’re ready to reclaim your property after a lease has ended. The stress of navigating legal processes, understanding tenant rights, and ensuring compliance with state laws can weigh heavily on any landlord. If you’re facing this situation, know that you’re not alone, and there are clear, actionable steps you can take to resolve it. This guide is designed to walk you through the process of removing a holdover tenant in Florida with compassion, clarity, and confidence, empowering you with the knowledge to move forward.

A holdover tenant is someone who remains in a rental property after their lease expires without the landlord’s consent. Whether they’re refusing to leave or misunderstanding their rights, the situation can be frustrating. But with the right approach, you can address it efficiently while staying within the bounds of Florida law. In this article, we’ll explore the steps, legal considerations, and practical solutions to help you navigate the holdover tenant eviction Florida process, offering empathy for the difficulties you’re facing and actionable advice to resolve them.

How Do I Remove a Holdover Tenant in Florida

Understanding the Holdover Tenant Situation in Florida

When a tenant refuses to vacate your property after their lease ends, they become a holdover tenant. This can happen for various reasons—perhaps they believe they have a right to stay, are struggling to find a new place, or are simply unaware of their obligations. Regardless of the cause, it’s a situation that requires careful handling to avoid legal missteps. We know how stressful it can be to feel stuck, unable to move forward with your property plans, whether you’re preparing to sell my house fast in Tampa or re-rent the space.

In Florida, the unlawful detainer process Florida governs how landlords can address holdover tenants. This process ensures that both landlord and tenant rights are respected, balancing the need to reclaim your property with the tenant’s legal protections. Before diving into the steps, let’s introduce the team at Florida Offer, who can offer guidance if you’re considering home seller solutions to avoid ongoing tenant issues.

At Florida Offer, we specialize in helping homeowners navigate complex real estate challenges, including situations involving holdover tenants. With years of experience in the Florida market, particularly in cities like Sarasota, Tampa, and St. Petersburg, our team understands the emotional and financial toll these situations can take. Whether you’re looking to sell my house for cash or resolve tenant disputes, we’re here to provide expert advice and solutions tailored to your needs. Our goal is to make the process as smooth as possible, offering you peace of mind and a clear path forward.

Pro Tip: Communicate Early and Clearly

Before escalating to legal action, send a written notice to your holdover tenant, clearly stating that their lease has expired and they must vacate. This small step can sometimes resolve the issue without court involvement, saving you time and stress.

Step 1: Serve a Notice to Vacate After Lease Expiration in Florida

The first step in addressing a holdover tenant is to serve a formal notice to vacate after lease expiration Florida. Florida law requires landlords to notify tenants in writing before proceeding with eviction. The type of notice depends on the tenancy:

Fixed-Term Lease: If the lease has a specific end date, you typically don’t need to provide notice unless the lease agreement specifies otherwise. However, sending a courtesy notice 15–30 days before the lease ends can prevent misunderstandings.
Month-to-Month Tenancy: For tenants without a fixed lease, you must provide a 15-day written notice to terminate the tenancy, as outlined in Florida Statutes § 83.57.

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The notice should include:

The date the lease ended or the tenancy termination date.
A clear statement that the tenant must vacate the property.
The number of days they have to comply (e.g., 7 days for non-payment of rent or 15 days for month-to-month tenancies).
Your contact information and signature.

Delivering the notice properly is critical. You can hand-deliver it, mail it via certified mail, or post it on the property’s door if the tenant is unavailable. Keep a copy of the notice and proof of delivery for your records. This step shows the tenant you’re serious while adhering to legal requirements, reducing the risk of complications in the court process for holdover eviction Florida.

If the tenant still refuses to leave, you may feel frustrated, but don’t lose hope. The legal system provides a clear path forward, and we’re here to guide you through it with empathy for the challenges you’re facing.

Step 2: File an Unlawful Detainer Lawsuit

If the tenant ignores the notice to vacate, the next step is to file an unlawful detainer lawsuit. This legal action is specifically designed for situations where a tenant is unlawfully occupying your property, such as when they remain after lease expiration. Unlike eviction for non-payment of rent, an unlawful detainer focuses on the tenant’s lack of legal right to stay.

Here’s how to proceed:

Gather Documentation: Collect the expired lease agreement, the notice to vacate, proof of delivery, and any communication with the tenant.
File a Complaint: Visit your county’s clerk of court (e.g., in Sarasota or St. Petersburg) to file a Complaint for Unlawful Detainer. Include details about the lease, the tenant’s refusal to leave, and your attempts to resolve the issue.
Pay Filing Fees: Fees vary by county but typically range from $185 to $400, according to the Florida Bar Association.
Serve the Tenant: The tenant must be served with the complaint and a summons to appear in court. A process server or sheriff can handle this.

The court will schedule a hearing, usually within 5–10 days. During this time, avoid taking matters into your own hands, such as changing locks. A common question landlords ask is, can I change locks on holdover tenant Florida? The answer is no—doing so is illegal under Florida law and could lead to penalties or a lawsuit from the tenant.

Pro Tip: Keep Detailed Records

Document every interaction with your holdover tenant, including notices, emails, and conversations. These records can be critical in court to demonstrate your compliance with Florida law and strengthen your case.

Step 3: Attend the Court Hearing

The court process is where your case will be decided. At the hearing, you’ll present your evidence, including the lease agreement, notice to vacate, and proof that the tenant has no legal right to remain. The tenant may argue their case, claiming holdover tenant rights Florida, such as an implied lease renewal or improper notice. Be prepared to counter these claims with clear documentation.

If the judge rules in your favor, they’ll issue a Writ of Possession, directing the sheriff to remove the tenant. This process typically takes 1–2 weeks after the hearing, depending on the county. For example, in Tampa, the Hillsborough County Sheriff’s Office handles evictions efficiently, but timelines can vary.

We understand how daunting it can feel to face a tenant in court, especially if emotions are running high. Rest assured, by following the legal process, you’re taking the right steps to reclaim your property while respecting the tenant’s rights.

Step 4: Enforce the Writ of Possession

Once you have the Writ of Possession, the sheriff will schedule a final eviction date, giving the tenant a last chance to leave voluntarily. If they don’t, the sheriff will physically remove them and their belongings. This step ensures that the question of how long to remove tenant after lease ends Florida is answered—typically within 2–4 weeks from filing the unlawful detainer, assuming no delays.

During this time, avoid direct confrontation with the tenant. Emotions can run high, and your goal is to resolve the situation peacefully and legally. If the tenant leaves belongings behind, Florida law requires you to store them for a reasonable period (usually 10–15 days) and notify the tenant before disposing of them.

Alternative Solutions: Avoiding Eviction

Eviction can be time-consuming and emotionally draining, so consider alternatives before escalating to court. Here are some options:

Negotiate with the Tenant: Offer a small incentive, like a partial rent refund or moving assistance, to encourage them to leave voluntarily.
Extend the Lease Temporarily: If the tenant needs more time, a short-term lease extension might prevent conflict.
Sell the Property: If you’re exhausted by tenant issues and want a fresh start, companies like Florida Offer can help. We specialize in we buy houses deals, offering cash for my home solutions in cities like Bradenton. This can be a quick way to move on without the hassle of eviction.

If you’re asking, can holdover tenant be removed without lease Florida? the answer depends. If the tenant never had a written lease (e.g., a verbal month-to-month agreement), you must still follow the notice and unlawful detainer process. However, selling the property to a company that buys houses like ours can bypass tenant disputes entirely, as we handle properties as is.

Know Your Rights and the Tenant’s Rights

Understanding tenant rights is crucial to avoid legal pitfalls. Tenants may claim rights based on:

Implied Lease Renewal: If you accepted rent after the lease expired, the tenancy might convert to a month-to-month agreement, requiring a 15-day notice to terminate.
Retaliatory Eviction Protections: Tenants can’t be evicted for exercising legal rights, like reporting code violations.
Discrimination Claims: Ensure your actions comply with the Fair Housing Act to avoid lawsuits.

As a landlord, your rights include reclaiming your property when the lease expires, provided you follow Florida’s legal process. Data from the Florida Bar Association shows that most unlawful detainer cases are resolved within 30 days if handled correctly, offering hope that your situation can be resolved swiftly.

We know how frustrating it is when a tenant refusing to leave Florida disrupts your plans, whether you’re trying to sell your house or prepare the property for a new tenant. By staying informed and patient, you can navigate this challenge with confidence.

Moving Forward with Confidence

Removing a holdover tenant in Florida is a process that requires patience, legal compliance, and empathy for all parties involved. By serving a proper notice, filing an unlawful detainer lawsuit, and following through with the court process, you can reclaim your property efficiently. If the stress of tenant disputes feels overwhelming, consider alternatives like selling to home investors who offer cash buyer for homes solutions, allowing you to move on quickly.

At Florida Offer, we’re here to support you, whether you’re navigating tenant issues or exploring options to sale my home fast. Our team has helped countless homeowners in Sarasota, Tampa, and Bradenton resolve complex real estate challenges, and we’re ready to assist you with compassion and expertise. You don’t have to face this alone—there are solutions, and we’re here to help you find them.

By following the steps outlined in this guide, you can address the question of how do I remove a holdover tenant in Florida with clarity and confidence, knowing you’re taking the right steps to resolve the issue and move forward.

This article is based on expert real estate experience. For financial or legal advice, we recommend consulting a licensed professional, such as a CPA, attorney, or government official, to ensure compliance with all applicable laws and regulations.