Question 1

What is a tenancy at sufferance?

Accepted Answer

A tenancy at sufferance exists when a tenant remains in possession of property after their lease or right to possession has expired, without the landlord’s consent. The holdover tenant: is not a trespasser (they had lawful possession initially), but has no legal right to remain (the lease has expired). The landlord can: accept rent (creating a new periodic tenancy), or evict the tenant (file an action for possession under Chapter 83). In Florida: the landlord must follow the statutory eviction procedures even for holdover tenants.

Question 2

What are the landlord’s options for a holdover tenant in Florida?

Accepted Answer

Options: accept the holdover (if the landlord accepts rent from the holdover tenant: a new periodic tenancy is created; the terms of the original lease typically continue), or evict (the landlord serves a notice to vacate; if the tenant does not leave: the landlord files an eviction action under Chapter 83; the court determines whether the tenant has the right to remain). The landlord cannot: use self-help eviction (changing locks, removing belongings, or shutting off utilities; Section 83.67: prohibited), or increase rent without proper notice. Double rent: some leases provide for double rent during holdover; FL courts enforce this if the lease contains such a provision.

Question 3

How does a tenancy at sufferance differ from a tenancy at will?

Accepted Answer

Distinction: tenancy at sufferance (the tenant stays after the lease expires without the landlord’s consent; the landlord can evict immediately), and tenancy at will (the tenant occupies with the landlord’s consent but without a fixed term; either party can terminate with proper notice). Key difference: consent. At sufferance: no consent (the tenant is holding over against the landlord’s wishes). At will: consent exists (the landlord permits the occupancy). If the landlord accepts rent from a holdover tenant: the tenancy at sufferance converts to a tenancy at will or a periodic tenancy.

Tenancy at Sufferance

Tenancy at Sufferance in Florida

What It Is

Landlord Options

vs. At Will

Related Terms

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