Non-Paying Tenant in Florida? A Pinellas & Hillsborough Landlord’s Eviction Guide

Owning rental property in Florida is rewarding, but dealing with a non-paying tenant can be stressful – especially for “mom & pop” landlords. If you have a tenant in Pinellas or Hillsborough County who isn’t paying rent, it’s important to understand your rights and the eviction process. This guide will walk you through when an eviction is justified, how to start the process, the costs and timeline, and differences between yearly leases and

month-to-month arrangements.

When Is Eviction Justified? (Non-Payment & Other Causes)

In Florida, landlords can terminate a tenancy for cause before the lease term ends. The most common justification for eviction is failure to pay rent on time . Other valid causes include serious lease violations (damage to property, unauthorized pets or occupants, illegal activity on the premises, etc.) and refusal to leave after a lease ends (holdover tenants). It’s important that the reason for eviction is legal and documented. You cannot evict for discriminatory reasons or in retaliation – for example, you can’t evict someone because of their race or because they reported you to code enforcement  . Eviction should be a last resort used when a tenant materially breaches the agreement, with non-payment being the clearest breach.

For a non-paying tenant, Florida law is clear that eviction is justified once rent is overdue beyond any grace period. Make sure to check your lease (if you have one) to see if it allows any extra time for rent or contains a different notice requirement. But even if the lease gives a slight grace period, a tenant consistently failing to pay is grounds for action. In short, if the tenant is not paying rent, you have cause to begin the eviction process under Florida law . Just remember that you must follow the legal procedure – you can’t simply change the locks or shut off utilities (that’s illegal “self-help” eviction).

Eviction Process Basics in Florida

Florida’s eviction process is relatively quick compared to some states, but you must follow each step exactly. Here’s an overview of how a typical non-payment eviction works in Pinellas and Hillsborough (and statewide):

1. Three-Day Notice to Pay or Quit: If the tenant fails to pay rent, the landlord serves a written 3-day notice demanding payment of the rent or possession of the property. This notice gives the tenant three business days (excluding weekends and legal holidays) to pay the overdue rent or vacate the unit. Florida law provides a free template for this notice (Form 1: Notice…Failure to Pay Rent). Deliver the notice by hand or post it on the door; some landlords also send it by certified mail for documentation. If the tenant pays within the 3-day window, you must accept the rent and the lease continues. If they do nothing or only make a partial payment, you can move to the next step.

   
   

2. Filing an Eviction Lawsuit: After the 3-day notice period passes with no payment, the landlord files an eviction complaint in the County Court where the property is located. In Pinellas or Hillsborough, this means filing with the Clerk of Court (you can file electronically or in person). You’ll file a Complaint for Eviction (use Florida Bar Form 5 for a template) along with a copy of the 3-day notice and, if there is one, the written lease. At the time of filing, you’ll pay a court filing fee (around $185–$190 for a possession-only eviction in Florida). If you’re also suing for back-due rent or damages, additional filing fees apply based on the amount (e.g. adding a $2,000 rent claim might cost another ~$175). The clerk will issue a summons for each tenant, which typically costs $10 per defendant.

   
   

3. Serving the Tenant: The eviction summons and complaint must be served on the tenant by an authorized process server or sheriff. In practice, many landlords hire a private process server (~$40–$50 per person) for faster service. The process server or deputy will attempt personal delivery; if the tenant is evading service, Florida law allows “posting” – attaching the papers to the door and mailing a copy. Once served, the tenant has 5 days (excluding weekends and holidays) to respond in writing to the court. This response is the tenant’s answer. If the tenant doesn’t respond within 5 business days, the eviction is considered uncontested and you can move for a default judgment.

   
   

4. Default or Hearing: If the tenant fails to answer in time, you’ll request a Clerk’s Default and then a Final Judgment for Eviction. A judge will review the file and, if everything is in order (proper notice given, documents filed correctly), sign the final judgment for possession. If the tenant does file an answer (contests the eviction), the case becomes contested. The court will likely schedule a hearing or even a trial to decide the case. In a non-payment eviction, the tenant must deposit the owed rent into the court registry when they answer, or file a motion to determine rent, otherwise you can still get a default judgment. Contested evictions can take longer and may require legal representation, but many non-paying tenants do not answer at all.

   
   

5. Writ of Possession: Once you have a final judgment from the court, the Clerk will issue a Writ of Possession to the Sheriff. This is the legal order that allows the Sheriff to remove the tenant. You’ll need to pay the Sheriff’s fee (about $90 in Pinellas or Hillsborough County for a writ). The Sheriff then serves (or posts) the writ at the property, which gives the tenant 24 hours notice to vacate. After 24 hours, a deputy will meet you at the property to remove the tenant (if they’re still there) and oversee a lock change. With the sheriff present, you can remove any of the tenant’s belongings left inside and regain possession of your property.

Throughout this process, remember not to take eviction into your own hands. No matter how frustrated you are, do not change locks, shut off power/water, or physically remove the tenant’s belongings without the sheriff – those actions are illegal and can expose you to hefty penalties (landlords can owe three months’ rent in damages for illegal evictions). Always let the courts and sheriff handle the removal.

How Long Does the Eviction Take?

The timeline for a non-payment eviction in Florida can be relatively quick if uncontested. In Hillsborough County, officials estimate the entire process takes about 3–6 weeks if all paperwork is correct and the tenant doesn’t fight it. Many evictions in Pinellas/Hillsborough fall in the 4-week range (about a month) for an uncontested case. Here’s a rough timeline:

• Day 1: Rent is overdue. You serve the 3-day pay or quit notice.

• Day 4: (After 3 business days with no payment) You file the eviction lawsuit.

• Day 4–10: Tenant is served with the summons and complaint within a few days of filing.

• Day 11–18: Tenant’s 5-business-day answer period expires. If no answer, you move for default around day 11 or 12. The court might enter judgment within a week or so.

• Day 18–25: Writ of possession issued and delivered to Sheriff. Sheriff posts 24-hour notice.

• Day 19–26: Sheriff executes the writ (removes tenant) one day after posting. You regain possession.

This is an ideal, smooth scenario. Delays can happen at each stage – for example, if you have trouble serving the tenant, if the court is busy, or if a judge’s signing of the judgment takes extra days. Contested evictions (where the tenant files an answer or motion) will take longer, possibly several weeks or months depending on court schedules. For instance, if a tenant files an answer claiming a defense (like alleging the landlord didn’t maintain the property), the court must set a hearing and both sides present evidence. These disputes add time and complexity.

For most straightforward nonpayment cases with no tenant response, expect roughly 4–5 weeks total . It’s wise to start the process as soon as legally allowed once you determine the tenant truly isn’t going to pay, because every day of delay is more lost rent.

What Does an Eviction Cost a Landlord?

Evicting a tenant involves court and admin fees. As a mom-and-pop landlord, you should budget a few hundred dollars for an uncontested eviction (in addition to any lost rent). Typical eviction costs in Florida include:

• Court Filing Fee: ~$185–$190 for a basic eviction (possession only)  . (If you also sue for overdue rent or damages, the fee is higher based on the amount claimed.)

• Summons Issuance: $10 per tenant for the court to issue the summons to each defendant .

• Service of Process: ~$40–$60 per tenant for a process server or sheriff to deliver the summons/complaint . (Pinellas Sheriff charges $40 per service, for example .)

• Writ of Possession (Sheriff Fee): ~$90 for the Sheriff to execute the writ and oversee the removal  .

• Attorney’s Fees (optional): If you hire an eviction attorney, fees can range from a few hundred dollars for an uncontested case (one firm charges ~$295 flat for an uncontested eviction) , to much more if the case is contested. Many small landlords handle simple filings themselves using standard forms, but if you’re uncomfortable or the tenant pushes back, consider consulting a lawyer.

Other potential costs include locksmith charges (to rekey locks after eviction) and cleaning or repairs if the tenant caused damage. Also, remember the cost of lost rent during the process – you likely won’t be paid for the month (or more) that the tenant remains through eviction. In Florida, you generally cannot collect rent from the tenant during the eviction lawsuit unless they voluntarily pay or the court orders rent into the registry (and if they do pay everything owed into the court, the eviction might not proceed). It’s often hard to recover unpaid rent from ex-tenants, so be financially prepared for that loss.

Tip: Sometimes landlords negotiate a “cash for keys” deal – offering the tenant money to move out quickly and peacefully, avoiding court. This can save time and money if the tenant agrees. Just get any such agreement in writing, and still follow up with a formal release of claims. If the tenant takes the cash and doesn’t leave, you’ll be out that money and still have to evict, so weigh this option carefully.

Yearly Lease vs. Month-to-Month: Does It Matter?

Yes – whether your tenant has a fixed-term lease or is renting month-to-month (no written lease) can affect your strategy, especially regarding notice requirements:

Yearly Lease (Fixed Term): If you have a written lease for a set term (e.g. one-year lease), the tenant is bound to pay for that entire term. You cannot usually force them out before the lease ends without cause. Non-payment of rent is a cause that allows you to terminate early, per Florida law and likely your lease agreement. The eviction process for nonpayment is the same 3-day notice and court filing described above. Your lease might specify a different notice period for rent defaults (some leases give 5 days to pay, for instance), but Florida’s minimum is 3 days. Always honor the longer period if your lease provides one. If the tenant frequently pays late or you simply don’t want to renew the lease, you must wait until the lease term is ending. To non-renew a yearly lease, check if the lease requires notice (many Florida leases require 30 or 60 days’ notice by the landlord or tenant of intent not to renew). As of 2023, Florida law also caps any required notice at 60 days and sets a minimum of 30 days if the lease demands notice. In practice, giving at least 30 days’ notice before the lease end-date is a good rule if you don’t plan to renew. If the term ends and the tenant stays without your agreement, they become a holdover tenant and you can evict for possession (or charge holdover rent if allowed by the lease).

Month-to-Month (No Written Lease): If there’s no signed lease, but you’ve been collecting rent monthly, the law considers this a month-to-month periodic tenancy. You have a rental agreement (oral or implied) that continues month to month. For non-payment, you follow the same 3-day notice and eviction process – being month-to-month doesn’t give the tenant any extra leeway on paying rent. In addition, you have the right to terminate a month-to-month tenancy without cause if you simply want to end the arrangement. Florida law recently changed on this: now you must give at least 30 days’ written notice prior to the end of the monthly period to terminate a month-to-month tenancy. (It used to be 15 days’ notice, the law was updated in 2023) This means, for example, if rent is due on the 1st of each month and you want the tenant out by May 31, you’d need to ensure they receive written notice by May 1 to leave by the end of May. Important: Terminating the month-to-month agreement is an alternative to eviction without a specific breach – but if the tenant isn’t paying rent, you don’t really want to wait 30 days. In a non-payment situation, it’s usually faster to use the 3-day pay-or-quit notice and eviction lawsuit. The 30-day termination is more for cases where you want to end the tenancy for other reasons (e.g. you’re selling the property or the tenant is a nuisance but hasn’t outright violated the lease). If you do give a termination notice and the tenant stays past the date, you still must file an eviction for “holdover” – so either way, the court process might be needed.

Whether it’s a fixed-term or month-to-month, the eviction court process for nonpayment is very similar. One key difference: with a written lease, the terms of that lease (like due date, late fees, notice addresses, etc.) will be important and should be followed. With an oral month-to-month, it’s a bit more flexible, but you should be consistent in enforcing whatever terms you and the tenant operated under (e.g. if rent was always due on the first of the month, use that as your basis for determining when they’re late). It’s always a good idea to document everything – even with no written lease, keep records of rent payments, any text/email communications about rent, and notes on when notices were served.

Tips for a Smooth Eviction (Mom & Pop Landlord Advice)

Eviction is never fun, but handling it professionally and lawfully will save you trouble. Here are some tips for small landlords navigating a non-paying tenant scenario:

• Communicate Early (but Carefully): If rent is late, politely remind the tenant as soon as it’s overdue. Sometimes a simple conversation can resolve a one-time issue (for instance, if they had a banking error). However, be cautious about accepting partial payments or making side arrangements – taking any partial rent after a 3-day notice might reset the clock on eviction or waive your notice, depending on the circumstances. It’s okay to work out a payment plan if you trust the tenant, but get it in writing. If things aren’t adding up, don’t delay serving the official 3-day notice.

  
  

• Use Official Forms: Florida provides standard forms for landlords. Using them helps ensure you meet legal requirements. For example, use the Florida Bar-approved Three-Day Notice to Pay or Quit form for nonpayment . Likewise, if filing an eviction yourself, you can use the Florida Bar eviction complaint forms (there’s one for possession only, and one that combines possession and a claim for past rent) . These templates cover all the necessary elements. You can find these forms on the Florida Bar website or through the local Clerk of Court resources. (See links at the end of this article for templates.)

  
  

• Follow the Legal Procedure Strictly: Little mistakes in an eviction can cause delays or even dismissal of your case. Common pitfalls to avoid: not excluding weekends/holidays in the 3-day notice period, mis-addressing the notice, or not attaching a copy of the notice to your court complaint . Double-check that all names are spelled correctly and that you’re filing in the right county. If in doubt, the Pinellas and Hillsborough clerks offer eviction checklists to help pro se landlords  . Detail matters – for example, Hillsborough County even requires the summons include a Spanish and French translation on it . By being meticulous, you’ll avoid technical defenses from the tenant.

  
  

• Don’t Resort to Self-Help: We said it before but it bears repeating – do not attempt to remove the tenant or their belongings yourself, and don’t shut off utilities to force them out. Florida law forbids these tactics and imposes heavy penalties on landlords who try them . No matter how justified you feel, always go through the court and sheriff. It’s frustrating to wait, but taking illegal shortcuts will backfire.

  
  

• Budget and Plan: Financially plan for the eviction process. Budget a few hundred for court costs as outlined above, and anticipate covering the mortgage or expenses without that rental income for a couple months. It’s wise to have a reserve fund for vacancies and eviction scenarios. Also plan for changing locks and repairing any damage after the tenant is removed. If the tenant left property behind, Florida law allows you to dispose of it after the writ of possession is executed (you’re generally not required to store it, but check local rules or the writ instructions). Consider having a friend or helper on standby for the day of removal to quickly secure the property and document its condition.

  
  

• Know When to Get Help: While many small landlords handle evictions themselves, don’t hesitate to consult an attorney if the situation gets complicated. For instance, if the tenant hires a lawyer or raises defenses, an experienced landlord-tenant attorney can protect your interests. Legal aid organizations or local bar associations might have free advice hotlines if you just have a few questions. Spending a bit on professional help can be worth it if it prevents a costly mistake (like a case dismissal that forces you to start over).

Helpful Resources & Templates

• Florida Statutes – Landlord/Tenant Law: If you want to read the law itself, Florida’s Landlord and Tenant Act is found in Chapter 83, Part II of the Florida Statutes. Key sections for evictions are 83.56 (termination for nonpayment or other breaches) and 83.59 (recovering possession through eviction). Recent changes in Section 83.57 (notice for terminating periodic tenancies) require 30 days notice for month-to-month tenancies  .

• Pinellas County Clerk – Eviction Forms and Packet: The Pinellas Clerk’s website provides an Eviction Packet for Possession with all the necessary forms and a step-by-step checklist. It includes the 3-day notice form, complaint form, summons, etc., specific to Pinellas County procedures.

• Florida Bar Landlord/Tenant Forms: The Florida Bar offers free Supreme Court-approved forms for common landlord actions. Notably, Form 1: Notice from Landlord to Tenant – Termination for Failure to Pay Rent (the 3-day notice) , and Form 5: Complaint for Landlord to Evict Tenants (for possession) , among others. These can be found on the Florida Bar’s website.

• Hillsborough County Clerk – Eviction Guide: Hillsborough Clerk’s site has an overview of the eviction process and FAQs tailored to Hillsborough County. It doesn’t provide a full packet like Pinellas, but it gives local details (for instance, info on their optional mail service for posting notices and how to check case status online).

• Legal Aid and Advice: If you’re unsure about handling an eviction, you can refer to Florida’s legal aid resources. Websites like FloridaLawHelp.org can provide guidance. Additionally, Bay Area Legal Services (serving Tampa Bay) or community legal clinics sometimes publish landlord guides or might answer questions for free. Just be aware that legal aid primarily helps tenants, but their publications (like a tenants’ rights handbook) can also educate landlords on the process from the tenant’s perspective.

Good luck – and remember, you’re not alone. If you have a non-paying tenant and do not want to deal with the eviction process, you can visit our website at www.homesellercashoffer.com and reach out to us.