Florida Statutes
Fla. Stat. § 83.04 (2025)
Holding over after term, tenancy at sufferance, etc.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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83.04 Holding over after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. 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.
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1955–2021 · leading case: Rosamond v. Mann, 80 So. 2d 317 (Fla. 1955).
Rosamond v. Mann, 80 So. 2d 317 (Fla. 1955). “04, which provides in part that a hold-over tenancy after a written lease without written renewal shall be a tenancy at sufferance, "but if such holding over be continued with the written consent of the lessor then such tenancy shall become a tenancy at will under the provisions…”
Hamilton v. Tanner, 962 So. 2d 997 (Fla. 2d DCA 2007). “Tanner relies on section 83.04, Florida Statutes, [4] which reads: Holding over after term, tenancy at sufferance, etc.”
Exec. Square Off. Bldg. v. O'Connor & Assocs., Inc., 19 B.R. 143 (Bankr. N.D. Fla. 1981). “” Section 83.04, Florida Statutes, provides that a tenant who holds over after expiration of his term without any renewal shall be construed to be a tenant at sufferance.”
City of Miami Beach v. Fleetwood Hotel, Inc., 261 So. 2d 801 (Fla. 1972). “" F.S. 83.04, F.S.A. provides a tenancy at will may be terminated by either party upon giving of specified notice.”
Painter v. Town of Groveland, 79 So. 2d 765 (Fla. 1955). “Our statute, Section 83.04, Fla. Stat. 1953, F.S.A., provides that upon the expiration of a leasehold term created by an instrument in writing, if the tenant shall hold over in the possession of the premises without renewing the lease by some further instrument of writing, then…”
Ledford v. Skinner, 328 So. 2d 219 (Fla. 1st DCA 1976). “The jury, which was properly charged on the effect of § 83.04, F.S., found from all the circumstances that the Ledfords waived the lease requirement for timely written notice to renew, that a new three-year term began October 1, 1970, and therefore that the Skinners' option to…”
Lougas v. Sophia Enter., Inc., 117 So. 3d 839 (Fla. 4th DCA 2013). “5th DCA 1993) (noting that “if after notice of termination of a written lease, the tenant proffered and the landlord accepted rent payments before an action for eviction was filed,” a month-to-month tenancy is created); see also § 83.04, Fla. Stat. (2008) (if a written lease has…”
Lincoln Oldsmobile, Inc. v. Branch, 574 So. 2d 1111 (Fla. 2d DCA 1990). “See § 83.04, Fla. Stat. (1985). Here, no demand for double rent was made during Lincoln's holdover tenancy.”
Leaders Int'l Jewelry, Inc. v. Bd. of Cnty. Commissioners, 183 So. 2d 242 (Fla. 3d DCA 1966). “1 Defendant’s second point is that the lower court erred in construing its possession of the premises after November 1, 1964 as a tenancy at sufferance under § 83.04, Fla. Stat., F.S.A. rather than a tenancy at will which would require a minimum length of notice under § 83.”
Meli Inv. Corp. v. Or, 621 So. 2d 676 (Fla. 3d DCA 1993). “(1991), seeking damages pursuant to section 83.04, Florida Statutes (1991). The tenants counterclaimed for wrongful eviction, harassment, and discrimination on the basis of acquired immune deficiency syndrome (AIDS), pursuant to section 760.”
Nelson v. Growers Ford Tractor Co., 282 So. 2d 664 (Fla. 4th DCA 1973). “Section 83.04, Florida Statutes 1971, F.S.”
S. Lemel, Inc. v. 27th Avenue Farmers Mkt., Inc., 126 So. 2d 167 (Fla. 3d DCA 1961). “" Appellee argues that appellants, upon holding over after expiration of their written leases with only an oral agreement and no written authority, were tenants at sufferance and have no cause of action, because of § 83.04, Fla. Stat., F.S.A. [1] That statute provides that…”
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