When the Tenant breached the rental agreement and either:

1. the landlord obtained a writ of possession;
2. the tenant surrendered possession; OR
3. the tenant abandoned the premises

the Landlord may:

1. retake possession for his own account (thereby terminating any further liability of the Tenant);
2. retake possession for the account of the Tenant (and holding the Tenant liable for the difference between what the Landlord is owed under the rental agreement and what that Landlord can recover from releasing the premises);
3. do nothing; OR
4. charge the Tenant an early termination fee.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney BEFORE choosing one of the available remedies provided for under Florida Law to determine which option is best for your current situation and to ensure the proper election of the chosen remedy.

If you are a Tenant and your Landlord is seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.

If you have any questions about Landlord / Tenant Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

A Tenant becomes a “holdover tenant” if that Tenant remains in possession of the premises either after the expiration of a rental agreement or the valid termination of the tenancy by the Landlord. Accordingly, the period is which the tenant remains in possession after the expiration or valid termination of the rental agreement is the “holdover period.” Under Florida Law (s. 83.06 & 83.58 ), the Landlord may be entitled to double rent during the holdover period.

However, under certain circumstances, a Tenant may remain in possession of the premises after the expiration of a rental agreement or the valid termination of the tenancy and not be deemed a holdover tenant. Under Florida Law, a Tenant that remains in possession under a bona fide claim of right is not a holdover tenant. See Greentree Amusement Arcade, Inc. v. Greenacres Development Corp., 401 So.2d 915 (Fla. 4th DCA 1981).

In Covelli Family, L.P. v. Abg5, L.L.C., the property was damagesd by two hurricanes. The Landlord terminated the rental agreement under the “damage or destruction” provision, which permitted the Landlord to terminate the rental agreement if the cost to repair the building exceeded 20% of the insurable value. However, the Tenant remained in possession of the premises claiming the Landlord failed to obtain estimates from “reputable” contractors. The trial court found in favor of the Landlord and awarded the Landlord double rent during the holdover period

On appeal, the Court held that is was in error to award the Landlord double rent because the Tenant had a “well-founded claim of possession” and, therefore, was not a holdover tenant. The Court noted that, similar to Greentree Amusement Arcade, Inc. v. Greenacres Development Corp, the Tenant remained in possession under an injunction awarded by the trial court. Furthermore, the Court also pointed out that the Landlord’s actions of first using an unlicensed contractor added to the legitimacy of the Tenant’s challenge to the termination.

If you have any questions about Florida Landlord / Tenant Law, please call my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

A “Holdover Tenancy” arises when the Tenant remains in possession of the premises after the expiration of the rental agreement or after the lawful termination of the rental agreement by the Landlord. Under Florida Law (s. 83.06 & 83.58 ), the Tenant may be liable for double rent during the holdover period.

However, even if the Landlord lawfully terminated the rental agreement, the Tenant may be relieved of the obligation to pay double rent during the Holdover Period so long as the Tenant remained in possession under a bona fide claim of right. See Greentree Amusement Arcade, Inc. v. Greenacres Development Corp., 401 So.2d 915 (Fla. 4th DCA 1981).

In Greentree, the lease required the Tenant to maintain the premises in an orderly fashion. However, because the Tenant’s patrons were “rowdy, unruly, and generally disruptive,” the Landlord alleged this conduct constituted a material breach of the lease and, therefore, terminated the rental agreement. The trial court found the Landlord’s termination of the lease was justifiable and awarded the Landlord damages in the amount of double rent during the holdover period.

On appeal, the Court held that although there was a valid termination of the lease, the Tenant was not a holdover tenant because the Tenant had a bona fide claim of possession. The Court’s rationale was

despite the fact that the trial court correctly found that the landlord had validly terminated the lease option, the validity of that termination remained a genuine and justiciable issue up to the time that the final judgment was entered.

However, the Court noted that the Tenant’s possession of the premises was (1) authorized by an injunction awarded by the trial court and (2) the Tenant continued to pay the normal rent due under the rental agreement until the Tenant vacated the premises.

If you have any questions about Florida Landlord / Tenant Law, please call my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

A Tenancy without a Specific Term may be terminated by either party giving written notice, as follows:

• When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
• When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period.
• When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period.
• When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period.

However, the above-mentioned notice requirements may be modified by the rental agreement or, in some instances, by the conduct of the parties. Accordingly, it is advisable for Landlords to seek the counsel of a Landlord / Tenancy Attorney to properly terminate a tenancy without a specific term.

If you have any questions about terminating a tenancy without a specific term, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Under Florida Law, if the rental agreement is silent on the duration of the tenancy (i.e, there is no specific termination date/period contained in the rental agreement), then the the duration of the tenancy is determined by the period for which the rent is payable.

For instance:

• if the rent is paid every week, then the tenancy is from week to week;
• if paid ever month, then the tenancy is from month to month;
• if paid every quarter, then the tenancy is from quarter to quarter;
• if paid every year, then the tenancy is from year to year

If you have any questions about the duration of a tenancy, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

A “Holdover Tenancy” is a tenancy in which the Tenant unlawfully remains in possession of the premises after the expiration of the rental agreement. For instance, if the rental agreement clearly states that the Tenancy shall expire at 5 pm on Dec 31, yet the Tenant remains in possession (without the consent of the Landlord) past that time and date, then the Tenant is a Holdover Tenant.

Holdover Tenants are still under the protection of Florida Law. (i.e., Landlords shall not use self-help methods of eviction to remove Holdover Tenants). Accordingly, Landlords must file an appropriate action in a court of competent jurisdiction to recover possession of the premises from Holdover Tenants. However, Florida Law encourages Tenants to peacefully vacate the premises after the expiration of the rental agreement by entitling Landlords to recover DOUBLE RENT during the Holdover Period. For instance, if the normal monthly rent was $900, then the Tenant is liable for $60 per day (based on a 30 day proration) for each day that the Tenant remains in the premises after the expiration of the rental agreement.

A problematic issue arises when Landlords enter into negotiations to renew Tenancies with Tenants prior to the expiration of the rental agreement. Even though (from the Landlord’s point of view) a ‘final agreement’ to renew the Tenancy was never mutually agreed upon, the Tenant may be in a position to claim that the Tenant reasonably and materially relied upon the Landlord’s representations that the Tenant would be able to remain in possession of the premises after the expiration of the rental agreement and, as a result, the Landlord may not immediately file an eviction action shortly after the expiration of the rental agreement.

Another common problem for Landlords is accepting anything of value from Tenants in exchange for permitting the Tenant to remain in possession of the premises past the original expiration date.

If a Landlord does not intend to renew a rental agreement, it is advisable for that Landlord to seek the counsel of a Landlord / Tenant Attorney so that the Landlord’s actions prior to the expiration to the rental agreement does not give rise to a defense in an eviction action.

If you have any questions about recovering possession from a Holdover Tenant, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney