Tenant Not Paying Rent In Florida: Options As A Landlord

Owning investment properties can be a great way to build financial stability. After you purchase a property, the rent payments will cover expenses such as your mortgage - allowing you to build equity over time. But what happens if your tenant doesn’t pay rent?

When a tenant defaults on rent, Hillsborough County landlords must follow a specific legal process to get them to pay up - or move out of your property. Generally, you must give them a written 3-day notice to cure or quit the property and then go through the eviction process if they do not pay their rent or leave. Working with a property management company can reduce the likelihood that you will need to evict tenants or deal with nonpayment of rent.

At Eaton Realty, we offer full-service property management for landlords in West Central Florida. We know that a proactive approach is often key to preventing problems such as nonpayment of rent. Reach out today to talk to a team member about our property management services in Hillsborough County, Florida.

Get Professional Help Managing Tenants. Speak With An Experienced Hillsborough County Property Manager › 813-672-8022

How to Handle a Tenant Who Doesn’t Pay Rent

In Florida, written leases are not required by law. However, a written lease is always advisable because it can avoid misunderstandings, especially when it comes to the payment of rent.

Typically, a lease will include provisions related to the (1) amount of rent and (2) the date it is due. Many leases also include a short grace period to allow tenants to pay the rent before the landlord takes formal action for nonpayment of rent. For example, if the rent is due by the 1st of the month, there might be a 4-day grace period where rent doesn’t incur late fees if paid by the 5th of the month.

If a tenant does not pay rent, a landlord must go through the legal process to take action. In Florida, landlords are prohibited from doing what is known as a “self-help” eviction for residential leases. This means that you cannot change the locks, turn off utilities, physically remove a tenant’s belongings from the unit, or take any similar action designed to force the tenant to leave the property.

Sending A Notice To Cure

You must follow the proper legal procedure under Florida’s landlord-tenant law. Specifically, landlords must provide written notice to tenants and give them a chance to fix the problem by getting current with rent. This is known as a 3-day notice to pay rent or quit.

This notice must state that the tenant has 3 days - excluding weekends and legal holidays - to either pay rent or vacate the rental property. If the tenant fails to pay the rent or move out, you can proceed with an eviction lawsuit.

Starting An Eviction

The eviction process starts with drafting a complaint and filing it in the Hillsborough County Circuit Court. You must also pay a filing fee and serve the complaint on the tenant. If the tenant doesn’t respond to the lawsuit, you can ask the court for a default judgment. Otherwise, the case will go to a hearing, where a judge will hear evidence from both parties before issuing a ruling.

Importantly, you cannot evict a tenant on your own even if you win in court. The judge will issue a writ of possession, which gives the tenant 24 hours to vacate the property. If they refuse to leave, then the County Sheriff can evict them. The process can take time, but if you violate the law in any way, it could lead to a court refusing to evict the tenant - or even ordering you to pay the tenant damages.

Having to go to the courts to evict a tenant who isn’t paying rent can be incredibly frustrating. After all, they are obligated under the lease to pay rent - and you’re losing money every month that they refuse to do so. But Florida law has certain protections for tenants and the courts take these rules seriously. While it may be tempting to try to take a shortcut, it could cost you more in the long term.

Avoiding Nonpayment of Rent Issues

The eviction process can be time-consuming and expensive. If a tenant contests the eviction, it may take months for you to be able to remove them from your property. This can become a huge financial burden, as you might not be receiving rent to pay your mortgage, HOA fees, taxes, insurance, and other expenses.

There is no way to guarantee that a tenant will pay their rent on time and in full every month. However, there are steps that you can take to reduce the likelihood that your tenants won’t leave you holding the proverbial bag when it comes to rent.

Carefully Screen Tenants

First, effective tenant screening can help to decrease the likelihood of renting to an unreliable tenant. While tenant screening cannot and should not include any discriminatory questions (such as the tenant’s religion or sexual orientation), it can be used to evaluate a tenant’s ability to pay the rent. At Eaton Realty, our tenant screening process analyzes a prospective tenant’s:

• Rental history
• Any past evictions
• Credit history
• Debt to income ratio
• Income and employment

As property managers, we believe that getting the right tenant is more important than getting a property rented. This means that even though it might take a bit longer, it is worth the time and effort to identify tenants with a positive rental history and financial status. In this way, you can avoid situations where you are losing out on rent money - and potentially paying a lawyer to handle an eviction.

Draft & Review Your Lease Agreement

Second, a written lease agreement reduces the likelihood of misunderstandings about rent. With a written contract, your tenant can’t claim that they don’t know the rent amount or when it is due. It is all there in black and white and enforceable in a court of law. You can also build a late payment fee into your lease.

Add A Grace Period To Your Agreement

Third, you may choose to include a grace period in your lease agreements. This can reduce the need to go through the time and expense of an eviction if a tenant just needs an extra day or two to get the rent to you. For example, if a tenant is dealing with a family emergency and doesn’t get the rent to you on the due date, there is a window of time for them to get current without defaulting on rent.

Work With A Property Management Company

Fourth - and perhaps most importantly - having a professional property manager can help you avoid evictions. Property managers are adept at analyzing rental applications, have access to various databases, and can note red flags that might signal that a tenant will have trouble paying rent. A property manager will go beyond a credit check and criminal history to truly understand more about a prospective tenant.

Property management companies also tend to have systems in place for rent payment, such as online portals. This eliminates the need for outdated methods of payment - like checks - or relying on the mail. At Eaton Realty, we know instantly whether a tenant is up-to-date on their rent. We can also flag any potential problems, such as a tenant who consistently pays on the last possible day, for monitoring.

We will also address any nonpayment issues immediately. If a tenant is a day late on rent, we can contact them about it and ask for an update and deliver proper notices. This means that if it is necessary to evict the tenant, we can help you get the process started sooner rather than later.

The most effective way to prevent an eviction is by having your rental properties professionally managed. As property managers, it is our job to take preventative measures and be proactive when it comes to your rental homes. We have the ability to devote a substantial amount of time to your properties - and will use our expertise to help increase the odds of renting to great tenants who always pay their rent on time.

Let Eaton Manage Your Tampa Bay Rentals For You

Most property investors have little interest in becoming full-time landlords. Managing a rental property is a lot of work - and requires a level of expertise that the average landlord may not have. A professional property management company can take on the work for you and help you avoid many common problems, like nonpayment of rent, that many landlords experience.

Eaton Realty is a Tampa property management company that helps landlords in Hillsborough County, Florida effectively manage their rental properties. For each client, our goal is to make sure that their rental properties are profitable - and that their own stress is minimized. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.