If you’re a landlord in Florida and your tenant has suddenly stopped paying rent, it’s completely normal to feel stressed or unsure about what to do next. The good news? You’re not alone—and there are clear legal steps you can take to regain control of the situation. This guide walks you through your rights, options, and the eviction process in Florida, one step at a time.
Know Your Rights as a Florida Landlord
A Quick Look at Florida’s Landlord-Tenant Law
Florida law strikes a balance between protecting landlords and tenants. As a landlord, you’re entitled to timely rent payments, the upkeep of your property, and the right to reclaim it when a tenant violates the lease. But every step you take must follow legal procedures, or you could end up in hot water.
Why Tenants Stop Paying Rent
Life happens—job loss, medical emergencies, or even a misunderstanding about lease terms can lead to missed rent. While some issues can be resolved with a simple conversation, others may require formal action.
What You Can’t Do
Florida law prohibits landlords from retaliating, shutting off utilities, or changing the locks without a court order. You’re also legally required to give proper notice before starting any eviction process.
First Steps When Rent Goes Unpaid
1. Document Everything
Keep detailed records of the missed payment, including due dates, amounts owed, and any communications with the tenant. This will be crucial if legal action is needed.
2. Reach Out Calmly
Sometimes a respectful phone call or email is all it takes to clear things up. Ask if something temporary is affecting their ability to pay and if a short-term solution might work.
3. Offer a Grace Period or Payment Plan
Even if your lease doesn’t include a grace period, offering one could help resolve the issue without escalating it. Payment plans can also show good faith on your part while protecting your long-term interests.
Legal Grounds for Eviction in Florida
Non-Payment of Rent
One of the most straightforward reasons to initiate eviction. In Florida, you can begin the process just three business days after rent is due (excluding weekends and holidays).
Violations of Lease Terms
This can include things like having unauthorized guests, damaging property, or violating pet rules. Each type of violation comes with its own required notice period.
Health or Safety Concerns
If your tenant’s behavior puts your property or other residents at risk—such as through illegal activity or hoarding—that can also be grounds for eviction.
How to Serve a 3-Day Notice to Pay or Vacate
What It Is
This notice gives tenants three business days to either pay what they owe or move out. It’s the legal first step in an eviction for non-payment.
How to Do It Right
The notice must clearly state how much is owed, where to pay, and by when. It should be hand-delivered, posted on the door, or sent by certified mail.
Common Mistakes to Avoid
- Giving the wrong rent amount
- Including weekends in the deadline
- Improperly delivering the notice
What Happens Next?
If the Tenant Pays
Great—you avoid eviction, and everything goes back to normal. Just make sure to get written confirmation of payment.
If the Tenant Moves Out
You can take back the property, clean or repair as needed, and deduct any unpaid rent from the security deposit (within legal limits).
If the Tenant Stays Put
You’ll need to file a formal eviction complaint with the local court. Never try to remove the tenant yourself—only the sheriff can do that legally.
Going to Court: The Florida Eviction Process
Steps to File
- File a complaint in county court
- Pay the filing fee (typically $185–$300)
- The tenant is served and has 5 days to respond
- If no response, you can request a default judgment
What You’ll Need
- Lease agreement
- Proof of 3-day notice
- Payment records
- Any related communications
How Long It Takes
A smooth case can take about 3–6 weeks. Delays can happen, especially if the tenant disputes the claim.
The Eviction Hearing
Be Prepared
Bring all relevant documents and stay calm, respectful, and organized. Judges tend to favor landlords who present facts professionally.
Possible Outcomes
- You win and get a writ of possession
- The case is dismissed due to errors
- A payment plan or settlement is reached
The Writ of Possession: Final Step
Sheriff’s Role
Once the court grants the writ, the sheriff will post a 24-hour notice on the property.
Timeline
Tenants have 24 hours to leave. If they don’t, the sheriff will handle the removal—not you.
What Not to Do
Don’t change the locks or move belongings yourself. Let the sheriff do their job.
What Happens to the Tenant’s Stuff?
Florida’s Rules on Abandoned Property
You must store the tenant’s belongings for 10–15 days and notify them. You can charge a storage fee, but you can’t toss anything until the waiting period is over.
Sending a Notice
You can send the notice to their last known address. After the deadline passes, you can sell or dispose of the items.
How to Avoid Future Rent Issues
- Screen Tenants Thoroughly: Check credit, income, and past rental history.
- Write a Clear Lease: Spell out due dates, fees, and consequences.
- Offer Easy Payment Options: Set up online portals and reminders.
Should You Hire a Professional Eviction Service?
Pros of Hiring Help
Legal experts can handle all the paperwork and deadlines while ensuring compliance.
Choosing the Right Service
Look for licensed, Florida-based firms with good reviews and knowledge of local courts.
Cost to Expect
Fees typically range from $500 to $1,000, depending on complexity and location.
Alternatives to Formal Eviction
- Cash for Keys: Offer money for a smooth, voluntary move-out.
- Move-Out Agreements: Create a signed agreement with a clear deadline.
- Mediation: Use a neutral third party to find a solution without going to court.
Peace of Mind Starts with a Plan
Evictions can be emotionally and financially stressful—but having a clear plan and understanding Florida’s laws makes all the difference. Whether you handle things on your own or work with a professional service, taking the right steps protects both your property and your peace of mind.
Need Help with a Florida Eviction?
Don’t go it alone. Headley Legal Support offers fast, compliant eviction services across Florida. We’re here to help you protect your property and move forward with confidence.
👉 Contact us today to get started.