As a landlord in Florida, managing a rental property often involves navigating the complex eviction process. While most evictions are straightforward, situations involving tenants facing eviction due to financial difficulties can complicate matters.

When tenants claim a hardship stay of eviction, the process is no longer just about serving an eviction notice or filing paperwork. Instead, it becomes a legal and emotional balancing act that can delay resolutions and affect your rental income.

What does a hardship stay of eviction mean for Florida landlords? How can you address these challenges while protecting your property and ensuring compliance with landlord-tenant laws?

In this blog, we’ll break down what a hardship stay is, why tenants seek them, and how you, as a landlord, can handle these situations effectively—while keeping your rental business on track.

What is a Hardship Stay of Eviction?

So, a tenant stops paying rent. You follow the proper steps, file an eviction lawsuit, and head to court. Then, the tenant argues they can’t be evicted because they’re experiencing financial hardship—maybe they lost their job, had unexpected medical bills, or faced some other unforeseen circumstances.

In this case, the court may grant a hardship stay of eviction or an eviction hardship extension period, temporarily halting the eviction. This provision protects tenants who demonstrate financial hardship, granting them additional time to address the issue.

For landlords, this can feel like a roadblock, but understanding the process will help you manage your rental property efficiently.

Breaking Down the Process of Florida Evictions for Landlords

Eviction in Florida is a legal process landlords must follow to remove tenants who have violated their lease agreement or failed to pay rent. Understanding the local eviction laws is crucial for both landlords and tenants to protect their rights and avoid legal complications. Here’s an overview of the eviction process in Florida:

Serve a Written Eviction Notice: This could be due to unpaid rent, lease violations, or other issues.
File an Eviction Lawsuit: If the tenant doesn’t comply with the notice, it’s time to involve the court.
Court Hearing: Both parties present their case during the eviction hearing, and the court decides whether to issue an eviction order.
Evict Tenants: Once the court grants the order, you can proceed with removing the tenant.

However, if a tenant applies for a hardship stay during the court hearing, the process can stall—sometimes for weeks or even months.

Why do Tenants Seek Hardship Stays?

As a landlord, evicting tenants is never the ideal scenario—it’s a stressful process for everyone involved. However, life has a way of throwing curveballs, and tenants sometimes find themselves unable to meet their rental obligations. When this happens, they may apply for a hardship stay of eviction to delay their removal from the property. Let’s dive deeper into the most common reasons why tenants seek this legal relief and what it means for landlords.

Job Loss and Unemployment

A sudden loss of employment can be devastating for tenants. With no steady income, they might struggle to pay rent, leading to outstanding rent balances. The inability to find a new job quickly can push tenants into financial instability, leaving them no choice but to request a hardship stay to buy time.

For landlords, this situation often means rent payments are delayed indefinitely. While it’s natural to feel frustrated, understanding that the tenant isn’t refusing to pay out of negligence but due to genuine hardship can help guide how you approach the situation.

Medical Bills and Health Crises

Unexpected medical emergencies can wreak havoc on a tenant’s finances. Whether it’s a serious illness, surgery, or long-term treatment, the associated medical bills can eat into household income. In some cases, tenants prioritize their health over their financial obligations, falling behind on rent in the process.

A tenant facing eviction due to medical issues may request a hardship stay to stabilize their situation. For landlords, this often creates a dilemma: balancing empathy for the tenant’s plight with the financial impact on your property.

Unforeseen Circumstances

Life is unpredictable, and sometimes, tenants face challenges that are completely out of their control. These unforeseen circumstances might include:

Natural disasters that damage their workplace or create unexpected expenses.
Family emergencies, such as the death of a breadwinner or a divorce.
Economic downturns that affect entire communities, reducing job opportunities or support.

In these scenarios, tenants may turn to legal provisions like a hardship stay to prevent eviction while they work to regain stability.

What Should Landlords Do During a Hardship Stay?

As frustrating as a hardship stay may seem, it’s not the end of the world. Here’s how you can manage the situation:

1. Keep the Communication Lines Open

Talk to your tenants about their financial situation. Open communication can help you better understand your tenants and explore potential solutions.

2. Know Your Rights

While hardship stays focused on tenant needs, Florida law recognizes the challenges landlords face. To navigate this process effectively:

Seek Legal Assistance: A local legal aid organization or attorney can guide you through the process and represent you in court.
File Your Case Properly: Make sure your paperwork is accurate, and be prepared to pay filing fees to get your case heard.
Know When To Act: If tenants fail to comply with the court’s conditions during the hardship extension, you may have grounds to resume eviction.

3. Document Everything

Keep detailed records of rent payments, notices, and lease agreements to strengthen your case if the eviction goes to court.

4. Direct Tenants to Rental Assistance Programs

Directing tenants to rental assistance programs can prevent prolonged evictions. Some helpful resources include:

Emergency rental assistance programs funded by the state or federal government.
Community action agencies that provide financial aid for tenants experiencing hardships.
The Housing Choice Voucher Program, which helps families secure affordable private housing.

These programs not only help tenants facing eviction but also ensure you receive the overdue rent you’re owed.

5. Offer Flexible Payment Options

Working out a repayment plan with tenants can help you recover outstanding rent gradually while maintaining a positive landlord-tenant relationship. Be sure to seek legal advice before agreeing to partial rent payments.

6. Work With a Property Manager

Managing an immediate eviction process—or any tenant issues—on your own can be overwhelming, especially if you're juggling other responsibilities. This is where a professional property manager becomes your best ally.

A reputable property management company, like Everest Property Management, can handle tenant communication, legal compliance, and rent collection for you. By outsourcing these tasks, you reduce stress, save time, and gain peace of mind knowing your property is in good hands.

Managing Hardship Stays with Confidence

No one wants to deal with evictions or financial disputes, and that's why understanding what a hardship stay of eviction means can help Florida landlords handle these situations with empathy and professionalism.

Whether it’s navigating legal provisions, supporting tenants with rental assistance, or working with a property manager, there are solutions to every challenge.

If you’re a landlord in Palm Coast, FL, Everest Property Management is here to help! Our team specializes in navigating landlord-tenant relationships, ensuring your rental property stays profitable and stress-free. Get your FREE Rental Analysis today to learn more!

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