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can I charge more rent to a hold over Tenant?
by Stephen/Amanda (FL)
on April 26, 2011 @12:08
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Tenant intends to hold over. It was explained to him 90 days prior to expiration of lease that property was needed for other purposes. Lease is about to expire. Tenant says she can't move out for another month or so. Besides eviction (which sadly seems to be the best option at the moment), if I allow this tenant to stay ONLY for this one month, can I charge her a bit more for the time she will be holding over? I would like the extra money to cover for inconvenience fees. Eviction or no eviction, it seems this tenant WILL get to stay at least another month... and that will incurr in me having extra expenses that I will have trouble covering... so... any comments?
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Re: can I charge more rent to a hold over Tenant?
by Katiekate (New York)
on April 26, 2011 @12:34
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Is there still time to send a rent increase notice? 30 day notice is required. If there is... raise the rent however much you want. (assuming you are not in a rent control area). If not... send a letter explaining that they she must move or you will have to charge her for the extra cost she will cause you. You will probably have to take it from the deposit.
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Re: can I charge more rent to a hold over Tenant?
by Bryan (Ia)
on April 26, 2011 @12:58
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You need to stand firm on your notice to not renew. You gave more than enough time for the T to find a new place. The T is stringing you along. You must decide whether you need it for other purposes or not. If so, evict. I don't know about Fl but I can evict in 16-21 days in Iowa. There is no reason you need to be reponsible for a T that did not go out and find a new place with 90 days notice.
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a few ques for Stephen/Amanda
by Bunny *M*A*G*I*C*
on April 26, 2011 @15:21
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I'm a little confused... you explained to *him* and then "Tenant says she can't move out..." Is this a male tenant or a female tenant or a couple? Did you notify her/him in writing, 90 days prior to the expiration of the lease, that the lease would not be renewed? If so, then I'd think you could just start eviction proceedings on his/her first day holding over unless there is some other paperwork you need to do. Of course, you may want to let the tenant know that if you do this, there is likely to be a judgement against him/her AND let him/her know all about how this will follow him/her and affect his/her credit, his/her future ability to rent etc. S/he may just re-think things to avoid this. If s/he stays one more month even with eviction paperwork being filed, s/he'll have that on his/her record. In your state, are you able to take him/her to small claims for the costs of filing eviction paperwork etc??? And would you be able to turn this over to a collection agency if s/he doesn't pay? And is there any chance his/her wages could be garnished (or am I confused and thinking about child support?)?
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Re: can I charge more rent to a hold over Tenant?
by Anonymous (FL)
on April 26, 2011 @16:17
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You cannot charge extra for hold over. You only get a prorated amount for the number of days the tenent holds over. You can increase the monthly rent amount for a month to month, but that requires 30 days notice so it is too late for May. If you really want the person gone, you have to evict immediately once they are holding over. If you accept any amount of rent at all, even partial, then you can't evict and you enter into a month to month agreement. Unless you have a written lease that says otherwise, FL only requires 15 days notice to terminate a month to month agreement.
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Re: can I charge more rent to a hold over Tenant?
by Anonymous
on April 26, 2011 @22:00
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You technically could sign a new one month lease with a special addendum that the lease will not be extended under any terms and that the T specifically agrees to vacate at the end of the month into a motel or other housing.
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Re: can I charge more rent to a hold over Tenant?
by Kathy (FL)
on April 17, 2017 @09:42
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If it is in the Lease Agreement and it is signed then the court will go along with it. IF it is not in the lease agreement then at best you can charge a pro-rated amount doubled per the statute:
83.58 Remedies; tenant holding over.—If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59 [F.S. 1973]
We include citation to the applicable statutes in each part of our Lease Agreement and then do the same on our 3, 7, and 15 day notices.
However, your best bet is to immediately start eviction proceedings. It currently costs $195 to evict in my county, plus cost of the process server, plus cost of the Sheriff of $70 if it goes that far. We do our own paperwork and have never lost because we only evict on specific statutes and always have proof as needed. It is much cheaper and according to business associates we have a higher success rate than with their lawyers.
And make sure your process server serves them personally so that you can go for Count II otherwise you can forget there being any teeth to the consequences of them being evicted. You want Count II so you can send it to a Collector.
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