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Can I evict a tenant whose lease has expired?

Miami, FL |

I have a tenant in Miami, Florida. He has lived in my townhouse for 6 years. His current lease expired on March 31, 2013. He owes 2 1/2 months back rent. I don't care about the rent. Just want him out. He refuses to vacate premises. What steps must I follow to get him to move out?

Attorney Answers 4


  1. You must file an eviction complaint against him. Because he has failed to vacate the premises, he is now a hold-over tenant and you may be entitled to double the rent for the extra time he has stayed beyond the expiration of the lease.

    Review the lease agreement as there may be provisions governing what notices may have been required regarding renewing or not renewing the lease agreement.

    Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Vicary strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  2. My colleague is correct. File an eviction proceeding against him.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  3. Mr. Vicary is correct. You could file the law suit yourself, and the Clerk of the Court can provide you with forms, but cannot give you legal advice. if you have any doubt about how to go about it, I recommend that you retain a local attorney.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information provided by this website is not intended, nor should it be construed, to be legal advice. Your use of this website, and/or the sending of information to the Fucillo Law Firm, P.L., does not establish an attorney/client relationship. Please do not send us any confidential or privileged information until such time that an actual attorney/client relationship is actually established.


  4. It’s not necessarily easy to expedite to evict a holdover tenant. The pertinent part of the FL Statute reads as follows:

    (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, you must file a suit for eviction whether or not they had failed to pay rent.

    Please research the following statutes for more clarification:

    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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