Legal Question in Landlord & Tenant Law in Florida

How Do I Evict a "Month to Month" Tenant in Florida?

I am the Landlord of a month to month Tenant. I am not renewing their lease come February 1st and on Jan. 16th I gave them 15 day notice of non-renewal and request to vacate by the 31st of January.

Naturally, they are refusing to leave and I would like to know what am I required to do by law.

I've been told that I still have to give a 3 day notice. I do not understand why because come Feb. 1st there is no agreement and I do not want to collect money. However, if they stay there beyond the 31st I would like the court to require them to pay for whatever time they stayed beyond.

If a 3 day notice is still required which one do I give? I can only find the standard one requesting money or possession. Also, can I give them the 3 day notice on Feb. 1st since they are supposed to have left on the Jan. 31st?


Asked on 1/22/10, 7:08 am

2 Answers from Attorneys
Leon Ferraez Ferraez, LLC

If they refuse to leave, you will have to evict them. The reason you must do this is because they are 'hold-over' tenants (i.e. tenants who did not vacate the premises). In certain cases, you can collect double rent during this time. This is governed by chapter 83 of the Florida code. The process is detailed, but the county court should have all the forms and information you need to file the case.

You want them out, therefore possession is your remedy (plus damages). The 3 days notice you reference pertains to the time frame the tenant has to deliver rent to the Landlord once the Landlord has given notice to the tenant that rent is due. After that, you file the eviction complaint with the court. You do not want to miss time-frames, so contact an attorney if you choose to go through the eviction process.

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Answered on 1/27/10, 7:38 am
Lesly Longa Longa Law P.A.

If the rental agreement is terminated and the tenant does not vacate, you can bring an action for possession in the county court of the county where the premises is located, pursuant to Florida Statutes 83.59. Florida Statutes 83.58 cover landlord's remedies against a tenant for holding over. However, if you employ your own methods to force the tenant out, you may have to pay them damages.

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Answered on 1/27/10, 10:04 am


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