Florida Landlord Tenant Lawyers - Question

Landlord currently has a tenant whose lease expired 3-4 years ago and the guy has been living there month to month ever since on a verbal agreement to pay rent, which he pays sometimes if at all. Landlord is tired of him and wants him out.

Landlord has asked him to leave and guy refuses to, saying “take me to court if you want me out.” What is he? A holdover tenant or a tenant at sufferance? Regular eviction process or Ejectment proceeding?

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Very unfortunate that someone had to go through this. In my country, this would have been handled differently.

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Holdover tenant on month to month unless timely notice to vacate has been provided and expired. Eviction if former.

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Planning to serve the tenant with a timely notice to vacate. Then afterward looking to pursue an ejectment. Good idea?

Think FL laws protect the landlord more

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Depends on the verbiage of the lease. If the verbiage says it rolls into month to month, then you’re still bound by that month to month contract until another one replaces it.

I don’t know what the rent control laws look like in Florida, but you could present a new lease with an increased rent amount, or a no cause eviction notice, and let them decide which one to sign.

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