Updated February 1, 2023 by We Buy Any House In Florida
Being a landlord can be a real headache, especially when you have tenants who consistently fail to pay their rent. It’s a stressful situation and can often feel like you’re stuck with no options. But the good news is, there are several tactics you can apply to get rid of those non-paying tenants in an efficient manner.
Here are the top tactics to consider:
- Schedule a meeting: Before you take any drastic measures, it’s important to understand why your tenants are failing to pay their rent. Schedule a meeting with them, whether in person or over the phone, and have a clear conversation about the issue. Ask them the real reason behind their financial difficulties and try to understand their perspective. If the situation is serious, both parties can work together to find a solution that works for both of you.
- Threaten them with a lawsuit: This may not be the most pleasant option, but it’s worth considering if other approaches have failed. Hire an attorney or ask a friend who is an attorney to help you draft a letter to your tenants, threatening them with a lawsuit if they don’t correct their lease violations or vacate peacefully. This can be an effective way to get their attention and motivate them to take action.
- Look for evidence of illegal activity: If your tenants are involved in illegal activities, you can use that as leverage to get them to move out. Go to your property and look for evidence of any illegal activity, but be smart about it. Don’t just barge in and start searching. Schedule regular inspections, but be aware that tenants can hide things. If you find evidence, report it to the authorities, as the law will be on your side in this case.
- Don’t renew their lease: Depending on the laws and terms of your lease, you may be able to simply refuse to renew their lease when it expires. If your tenants have caused problems without violating the terms of the lease, you have the right to refuse to renew it. Make sure to extend the non-renewal notice to your tenants in advance, as required by law in your area.
- Buy them out: If none of the above tactics have worked, consider buying your tenants out. Offer them a sum of money to move out peacefully, as this may be a cheaper option than going through the eviction process, which can cost up to $10,000. Make sure to define the specific terms for their move out, so that you don’t end up paying them only for them to return later.
In conclusion, dealing with non-paying tenants can be a difficult and stressful experience, but with these tactics in mind, you can get rid of them in a relatively efficient and straightforward manner. If you need further assistance or advice, feel free to reach out for help.
How Florida Law Actually Handles Non-Payment
Before going further, an important clarification: in Florida you cannot legally force a tenant out yourself, change the locks, shut off the utilities, or remove their belongings. Even when they haven't paid a dime. Those "self-help" evictions are prohibited. Removing a tenant has to go through the courts, and the whole landlord-tenant relationship is governed by the Residential Landlord and Tenant Act, Chapter 83 of the Florida Statutes, which you can read on the Florida Statutes (Online Sunshine) site.
For unpaid rent, Florida's process generally looks like this:
- The written notice. Florida law requires a written notice giving the tenant a set number of days to either pay the past-due rent or move out. The notice has to be worded and delivered correctly. Small mistakes here are the most common reason cases get thrown out.
- Filing in county court. If the tenant doesn't pay or leave within the notice period, the landlord files an eviction action in the county court where the property sits. In Clay County that's the courthouse in Green Cove Springs; in Duval, downtown Jacksonville; in St. Johns, St. Augustine.
- The court decides. The tenant has a chance to respond, and a judge. Not the landlord. Issues any order to remove the tenant, which the sheriff carries out.
Smart, Lawful Steps That Actually Help
A calm conversation early on really can resolve a lot, and it's worth trying. Beyond that, the moves that protect you are about documentation and following the rules precisely:
- Keep a clear written record of every payment, late notice, and conversation.
- Make sure your lease, notices, and any fees comply with Chapter 83.
- Have a Florida attorney. Or use the Florida Bar's referral service. Review your notice before you file, since one defective notice can cost you weeks.
- Review your rights and responsibilities through the Florida Courts self-help resources and the Consumer Financial Protection Bureau.
This is general information, not legal advice. The details of an eviction matter a lot, so get qualified help for your specific situation.
If you're worn out from chasing rent and would rather just be done with the property, we buy houses across Northeast Florida even with tenants in place. We'll make a fair, no-obligation cash offer so you can walk away clean. Call or text us at 904-606-9163.