Winter Park, FL asked in Landlord - Tenant for Florida

Q: in Florida my tenant stayed 8 extra days after our yearly lease expired. Do i have to charge him only the 8 days, or

the whole month? Thanks

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2 Lawyer Answers
Erik A. Perez
Erik A. Perez
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: The answer to your question may depend on the terms of the lease. However, Florida law Chapter 83.06 provides in pertinent part that "[w]hen any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter." I hope this provides clarification as to your rights.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Actually, as the landlord you do not "have to charge him" anything--and in fact you are probably wasting your time trying. Focus on re-letting the house or apartment--which brings in fresh money.

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