How does a landlordcalculate the amount that a holdover tenant owes?

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How does a landlordcalculate the amount that a holdover tenant owes?

My tenant was supposed to leave on the 15th of the month (lease ended then). However, even though a proper non-renewal notice was delivered to the tenant, they did not leave until late on the afternoon of the 17th. Regarding the holdover rent amount to ask for – is it only for 1day (the 16th) or can I ask the tenant for both days (16th and 17th)? At the end, I did not have the keys to the property until 6 pm on the 16th.

Asked on May 25, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you had the keys on the 16th, even late, then asking for one day holdover is proper, on the assumption that if you'd had the keys anytime on the 15th, there would have no holdover; so one day longer, one day holdover.

The question really is, is it worth it? If you take  it out of the security deposit and the tenant feels you should not/could not have and brings a legal action, even in small claims, you'll have to defend, and spent and at least some money. If you don't take it out of security, you'd have to sue for it, if the tenant doesn't pay voluntarily. It's doubtful that one day's rent is worth it in any case. You  didn't have to actually go the trouble and expense of evicting; overall, you may be ahead of the game.


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