Every lease eventually ends. When the lease term runs out and the landlord and tenant can’t agree on a renewal, the lease expires. But what should a landlord do if the tenant won’t move out?
If the tenant stays in the space after the lease ends, they’ll either be considered a tenant at sufferance or a tenant at will. Black’s Law Dictionary explains that a tenancy at sufferance happens when a tenant originally entered under a valid lease but continues occupying the property without the landlord agreeing or objecting.[1] This is different from a tenant at will, who stays with the landlord’s permission. The distinction matters because under Chapter 83 of the Florida Statutes, no termination notice is required if the tenant is at sufferance. That means the landlord can go straight to eviction—so long as they act quickly after the lease expires.
The other option is for the landlord to allow the tenant to stay temporarily, in which case the tenant becomes a tenant at will. If rent is being paid monthly, then it’s treated as a month-to-month tenancy. Florida Statutes § 83.04 says that just accepting rent doesn’t automatically renew the lease, but if the landlord gives written consent for the tenant to stay, then the tenancy becomes one at will.[2] Depending on what the landlord does—such as accepting rent or continuing to communicate—the landlord might not be able to claim the tenant is at sufferance.[3]
Unlike with a tenant at sufferance, Florida law does require advance notice before ending a tenancy at will. § 83.03(3), Fla. Stat., says commercial month-to-month tenancies require a 15-day notice. For residential tenants, § 83.57(3), Fla. Stat., was updated in 2023 to require a 30-day notice. If the landlord files for eviction without giving this notice, a court might find that the tenancy wasn’t properly terminated.[4] The safest approach is to always send a termination notice if any rent was accepted after the lease expired.
So, when a landlord allows a tenant to stay after the lease ends, the law treats it as a tenancy at will—which means notice is required before eviction can proceed.[5]
Footnotes
[1]TENANCY, Black’s Law Dictionary (12th ed. 2024) (“A tenancy at sufferance arises where a tenant, having entered upon land under a valid tenancy, holds over without the landlord’s assent or dissent. Such a tenant differs . . . from a tenant at will in that his tenancy exists without the landlord’s assent.”).
[2] § 83.04, Fla. Stat. (“The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.”) (emphasis added).
[3]Ledford v. Skinner, 328 So. 2d 219, 221 (Fla. 1st DCA 1976) (“Post expiration communications between lessor and lessee, and the lessor’s acceptance of monthly rent ‘constituted equitable grounds to foreclose the [lessors] from relying on a lapse of the term of the lease.’”). See also Matter of Alfran Corp., 7 B.R. 95 (Bankr. M.D. Fla. 1980); S. Lemel, Inc. v. 27th Ave. Farmers Mkt., Inc., 126 So. 2d 167, 167–68 (Fla. 3d DCA 1961).
[4]Kent v. Wood, 235 So. 2d 60, 62 (Fla. 1st DCA 1970) (“Since appellee was a tenant of appellants on a month-to-month basis, his tenancy could be lawfully terminated only by complying with the time requirements of F.S. Section 83.03, F.S.A., unless some other provision of the law creates an exception and permits a shorter notice of termination.”).
[5]Matter of KMM Corp., 14 B.R. 348, 349 (Bankr. S.D. Fla. 1981) (“Therefore, for the point in time the Debtor continued to occupy the premises after [expiration of the lease], up through and until the point in time when the Defendant locked the Debtor out of the premises, the Debtor and Defendant had implicitly entered into a month to month tenancy. Fla. Stat. s 83.01. To terminate this tenancy, the Defendant was required to give the Debtor fifteen (15) days’ notice. Fla. Stat. s 83.03.”).