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?
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.
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: