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Rent Regulations

Fla. Stat. § 83.40 et seq. § 83.58

Remedies; tenant holding over.

In Force
Verified 10/28/2026 · Next check 11/4/2026
FloridaEviction & Just Cause

Operative Text

Fla. Stat. § 83.40 et seq. § 83.58
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. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
Source: Legislative text reproduced verbatim
Plain English

Florida Statute § 83.58 addresses what happens when a tenant remains in a rental unit after their lease or rental agreement has ended without the landlord's consent. Under this provision, the landlord has two potential remedies: the right to pursue legal possession of the unit through the process outlined in § 83.59, and the right to seek double the normal rent amount for every period the tenant continues to occupy the unit without authorization. This double-rent remedy applies to the entire dwelling or any portion the tenant continues to occupy.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under Fla. Stat. § 83.58, property owners and managers who face a holdover tenant—one who remains after the rental agreement has expired without permission—generally document the lease expiration date, any communications denying continued occupancy, and the dates of unauthorized possession. Compliant operators typically pursue the eviction process described in § 83.59 while also preserving their right to claim double the periodic rent for the holdover period. Keeping clear records of the original rental agreement terms and any notices provided to the tenant supports a landlord's ability to pursue both remedies.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Fla. Stat. § 83.58 establishes that tenants who remain in a unit after their rental agreement expires—without the landlord's permission—may face a claim for double the rent owed for the period of unauthorized occupancy, in addition to an eviction action. Tenants in this situation may want to review whether the landlord actually consented to continued occupancy, whether proper notice was given, or whether other defenses apply, as these factors can be relevant in any legal proceeding. Consulting a tenant-rights organization or legal aid service familiar with Florida landlord-tenant law can help tenants understand how § 83.58 may apply to their circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

Fla. Stat. § 83.59

References In

Rules and statutes that cite this regulation

Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. § 83.40
Fla. Stat. ch. 83
Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.51
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. § 83.45
Fla. Stat. § 83.47
Fla. Stat. ch. 83
Fla. Stat. § 83.43
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.505
Fla. Stat. § 83.59
Fla. Stat. § 83.51
Fla. Stat. § 83.52
Fla. Stat. § 83.505
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.46
Fla. Stat. § 83.56
Fla. Stat. § 83.56
Fla. Stat. § 83.57
Fla. Stat. § 83.59
Fla. Stat. § 83.575
Fla. Stat. § 83.55
Fla. Stat. § 83.51
Fla. Stat. § 83.64
Fla. Stat. § 83.50
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.56
Fla. Stat. § 83.682
Fla. Stat. § 83.52
Fla. Stat. § 83.59
Fla. Stat. § 83.56
Fla. Stat. § 83.49
Fla. Stat. § 83.49

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

Source:https://www.flsenate.gov/Laws/Statutes/2026/Chapter83/All
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