If your tenant stops paying rent in Florida, stay calm, document everything, and move in a set order: contact the tenant, serve a proper 3-day notice, and file for eviction if rent isn’t paid. Don’t change the locks, shut off utilities, or accept partial payments casually. Those shortcuts can hurt your case. This guide walks St. Augustine and St. Johns County landlords through what to do, and when.
Every landlord eventually faces a late payment. After years of managing rental homes across St. Augustine and Northeast Florida, we can tell you the owners who come out best aren’t the angriest or the most patient. They’re the most organized. Below is the same playbook we use at Struck Property Management, in plain English. (We’re property managers, not attorneys, so for anything contested, talk to a Florida landlord-tenant attorney.)
What should I do first when rent is late?
Check your lease, confirm the payment is actually missing, and contact the tenant in writing the same day the grace period ends. Many “missed” payments are bank holds, a wrong portal setting, or a payday timing issue.
- Confirm in your ledger or bank account that nothing arrived, including from a roommate or co-tenant.
- Check the lease for the due date, grace period, and late fee. Florida doesn’t set a statewide grace period, so your lease controls.
- Send a friendly but documented text or email: “We haven’t received this month’s rent. Please let us know when we can expect it.”
- Keep a simple log: dates, times, what was said, and any promises to pay.
That first conversation tells you a lot. A tenant who answers quickly, explains, and offers a date is very different from one who goes silent. In St. Augustine, we also see seasonal patterns: tenants in tourism and hospitality work can have uneven paychecks after the summer rush, so a quick call often solves what a legal notice would only inflame.
How does the 3-day notice work in Florida?
The 3-day notice is the legal first step: it tells the tenant to pay the exact rent owed or move out within three days, not counting weekends and legal holidays. Under Florida Statutes Chapter 83 (Section 83.56), you generally can’t file for eviction over unpaid rent until this notice has been properly delivered and the deadline has passed.
Details matter here. Courts can toss out a case over a sloppy notice, and then you start over, losing weeks. A solid notice:
- Names the tenant(s) and the rental address.
- States the exact amount of rent due, and only rent. Late fees and other charges generally shouldn’t be lumped in unless your lease defines them as rent.
- Gives the deadline and your name and address for payment.
- Is delivered by hand to the tenant, or, if the tenant is absent, left with a person 15 or older at the home, or posted conspicuously on the door.
Example: Rent of $2,300 was due on the 1st, and the notice is posted on Monday the 8th. The three-day clock skips Saturday and Sunday, so the tenant has until the end of Thursday the 11th. If a legal holiday falls in there, add a day.
Can I accept partial payments or change the locks?
Be very careful with partial payments, and never use self-help like lockouts or utility shutoffs. Both are common ways landlords accidentally lose their case or end up on the wrong side of a lawsuit.
Under Florida law, accepting a partial payment after serving a 3-day notice can waive that notice unless you follow specific rules, so get guidance before taking any money after you’ve served one. Separately, Florida prohibits “self-help” evictions (Section 83.67): changing locks, removing doors or belongings, or cutting off water, electric, or other essential services to force a tenant out. Penalties can include damages and attorney’s fees. Even a tenant who owes you three months of rent is protected from this. The only lawful path to possession is the court process.
| Do | Don’t |
|---|---|
| Communicate in writing | Change locks or remove doors |
| Serve a correct 3-day notice | Shut off water, power, or AC |
| Keep a payment ledger and communication log | Remove the tenant’s belongings |
| Get advice before accepting partial rent | Threaten or harass the tenant |
| Follow the court process | Enter without proper notice (see Section 83.53) |
What happens if the tenant doesn’t pay after the notice?
You file an eviction complaint (and, if desired, a claim for the unpaid rent) in St. Johns County Court, and the tenant is served with a summons. This is the formal start of the eviction process, and it’s where the timeline starts to stretch.
- File the complaint with the clerk of the county court where the property sits, with the lease and notice attached.
- Service: the sheriff or a process server delivers the summons. The tenant then has five days (excluding weekends and holidays) to respond.
- Court registry: to contest an unpaid-rent eviction, the tenant generally must deposit the rent alleged due (and continue paying as it comes due) into the court registry. If they don’t, you can ask for a default judgment for possession, often without a hearing.
- Judgment: if you win, the court issues a final judgment and a writ of possession.
- Possession: the sheriff posts the writ and, after the required notice period (typically 24 hours), the tenant must be out. Only the sheriff can physically remove them.
An uncontested case can resolve in a few weeks. A contested one, or a busy court calendar, can take considerably longer. Plan for that when you budget, and never promise yourself a specific number of days. We’ll cover the full process in our upcoming article on the Florida eviction timeline.
Should I try a payment plan instead of evicting?
Sometimes, yes. A written payment plan can beat eviction when the tenant has a good history and a clear short-term reason, but only if it’s in writing and has teeth. Eviction costs money (filing fees, service, possibly an attorney), plus lost rent while the unit sits vacant and needs turnover.
| Payment Plan | Eviction | |
|---|---|---|
| Pros | Keeps a paying tenant; avoids vacancy and court costs; often faster to recover back rent | Clear legal path; ends the loss; resets the property with a new tenant |
| Cons | Risk the tenant defaults again; may delay a necessary eviction | Fees, lost time, vacancy, turnover and repairs |
| Best when | First-time issue, long good record, verifiable hardship | Repeated late pay, no communication, or no realistic way to catch up |
If you go the plan route, put it in a signed written agreement with exact dates and amounts, and state that default means you proceed with eviction. Talk to an attorney about how to word it so you don’t waive your rights. A “handshake” plan is how landlords end up three months behind with nothing in writing.
What special situations change the rules?
Military tenants, federally backed mortgages, and subsidized housing can add extra requirements, so check before you serve a notice.
- Servicemembers: The Servicemembers Civil Relief Act gives active-duty tenants extra protections in court. With Naval Station Mayport and other bases in Northeast Florida, this comes up more often than owners expect.
- Federally backed properties: If your property has a federally backed mortgage, certain federal rules (such as the CARES Act’s notice provisions) may apply to your notices. Ask your lender or attorney.
- Housing vouchers: If the tenant uses a voucher, the housing authority may need to be notified or involved.
- Fair housing: Treat every tenant by the same process. Inconsistent enforcement is a fair housing risk.
How can I prevent nonpayment in the first place?
Prevention starts at screening and continues with consistent systems: verified income, clear lease terms, easy payment options, and quick follow-up. Most of the nonpayment problems we see trace back to a skipped step months earlier.
- Screen consistently: verify income (many landlords look for roughly three times the monthly rent), check rental history, and call prior landlords.
- Collect the full security deposit and first month’s rent before move-in.
- Offer online payments with automatic reminders.
- Enforce late fees the same way every time.
- Follow up on day one past the grace period, not day fifteen.
- Keep your property in good repair. Tenants who feel ignored on maintenance sometimes withhold rent. Florida has specific rules (Section 83.56 and 83.60) for that, and they apply to landlords too.
What mistakes should landlords avoid?
The costliest mistakes are waiting too long, skipping paperwork, and getting emotional.
- Waiting two or three months “to be nice” while arrears pile up.
- Serving a defective 3-day notice (wrong amount, wrong address, wrong delivery).
- Accepting partial payments without understanding the effect on your notice.
- Using self-help: lockouts, utility shutoffs, or removing belongings.
- Verbal agreements with no written record.
- Letting emotions, not process, drive texts and calls. Everything you write may become evidence.
Expert tips from a property manager
- Act early. The first week of a missed payment is your best chance for a quiet resolution.
- Keep screenshots of texts, portal logs, and ledgers in one folder.
- Budget for vacancy and legal costs when you set your annual reserve. We suggest owners hold a cushion for exactly this.
- If you live out of state, a local manager who can serve notices and show up at the courthouse is worth a lot. Coastal property owners in Northeast Florida often rely on this.
- When in doubt, ask an attorney before you serve anything.
What’s the bottom line?
Communicate quickly, document everything, serve a correct 3-day notice, and let the court process do its work. Avoid shortcuts, and don’t let a small problem become a three-month one. If you’d rather not handle this yourself, a property manager can run the process for you, from notices to the courthouse.
Frequently asked questions
How many days late can rent be before I serve a notice in Florida?
Florida has no statewide grace period. Rent is due when your lease says it is, and you can serve a 3-day notice once it’s late. Many landlords wait until a short lease grace period passes.
Can I charge a late fee in Florida?
Yes, if your lease clearly states it. Florida doesn’t cap residential late fees by statute, but they should be reasonable and spelled out in the lease.
Do weekends count in the 3-day notice?
No. Saturdays, Sundays, and legal holidays are excluded when counting the three days.
Can I lock out a tenant who owes rent?
No. Lockouts, utility shutoffs, and removing a tenant’s belongings are prohibited under Section 83.67 and can expose you to liability.
Can I keep the security deposit for unpaid rent?
Often yes, after the tenant leaves, but you must follow the notice and timing rules in Section 83.49 or you can lose your claim to it.
How long does an eviction take in St. Johns County?
It varies by whether the tenant contests, court schedules, and service. An uncontested case can move in a few weeks, while contested cases take longer.
Do I need an attorney to evict a tenant?
Not always for a simple residential case, but mistakes are costly. Many landlords use an attorney or a property manager experienced in Florida evictions.
Can I still collect back rent after the tenant leaves?
Yes. You can seek a money judgment for unpaid rent, but collecting depends on the tenant’s ability to pay. Collection is never guaranteed.
What if the tenant claims the house needs repairs?
Florida has a formal process for rent withholding tied to a landlord’s failure to maintain (Section 83.60). Keep repairs documented and prompt, and talk to an attorney if this comes up.
Should I hire a property manager to handle nonpayment?
Many owners do, especially if they live out of state or are new to Florida law. A manager handles collection, notices, and court filings so you aren’t doing it alone.
Dealing with a late-paying tenant in St. Augustine or St. Johns County? The team at Struck Property Management helps landlords handle collections, notices, and tenant issues professionally. Reach out for a no-pressure conversation about your rental. This article is general information, not legal advice.
Leave a Reply