Can I evict a tenant whose lease has expired?

Asked over 1 year ago - 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. Paul S Vicary

    Contributor Level 11


    Lawyers agree

    Answered . 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... more
  2. Edward J. Fucillo

    Contributor Level 17


    Lawyers agree

    Answered . 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... more
  3. Brandy Ann Peeples


    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  4. Brian D Sizer

    Contributor Level 3

    Answered . 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:

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