[FL] How do I evict a tenant who hasn’t paid rent and won’t move out after the lease ended?

Lexi, Chatbot

I'm sorry to hear you're dealing with a tenant who hasn't paid their rent; that can be really stressful. Can you tell me how long the tenant has been living in the property?

Lexi, Chatbot

Have you communicated with the tenant about the missed payment, and if so, what was their response?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your tenant issue.

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience. I understand you're dealing with a tenant who hasn't paid rent for September, and their lease expired on the 31st without renewal. Is that correct? Has the tenant indicated that they are leaving on the 31st? What State are you in?

Benjamin

Overview of Your Situation:

Property: Tallahassee, FL

Tenant: Has not paid September rent ($4,100) Past dues: $750 + other $144.83 = Total owed $4,994.83

Lease ends: October 31, 2025 (no renewal) Inspection notice: Sent for October 17, 2025 (no response)

Benjamin

Under Florida Statute §83.56(3), if the tenant fails to pay rent when due, the landlord must serve a 3-Day Notice to Pay Rent or Vacate before filing for eviction. Step-by-Step Legal Action Plan:

1. Serve a 3-Day Notice to Pay Rent or Vacate. Serve this in person, by posting on the door, or by certified mail. The 3-day period excludes weekends and legal holidays. Keep a copy and note the method and date of service for court use. If payment isn’t made in full within the notice period, you can immediately file an eviction action in Leon County Court.

2. File for Eviction (Unlawful Detainer) If there’s still no payment or communication after the 3-day period: File an Eviction Complaint in Leon County Court. Include: The lease agreement. Ledger showing the total amount owed. Copy of the 3-Day Notice and proof of service. The filing fee in Florida is around $185–$190.

3. Address Lease Expiration. Because the lease expires October 31, you can: Proceed with the nonpayment eviction right away, OR If they remain after October 31 without paying or renewing, also file for holdover tenancy under FL Stat § 83.58. You can note both grounds in your complaint if needed.

4. Proceed Lawfully — No Self-Help. Do not: Change locks, Shut off power/water, remove belongings, until the court judgment and writ of possession are issued. Only the sheriff can remove the tenant. You may also include this short addendum at the bottom:

Notice: Property inspection is scheduled for October 17, 2025 at 6:30 PM as previously communicated. Failure to respond will be documented and may be considered evidence of property abandonment or neglect.

Benjamin

I am here to provide you advice, if you need to hire an attorney, you will need to hire one in your local area. However, you would send this notice, and they don't need to respond.  You just need to send it and after the 3-days, you can file the eviction with the court.  Here is a good template you can use:

3-DAY NOTICE TO PAY RENT OR VACATE

Pursuant to Florida Statute §83.56(3)Date: _________________________To: ____________________________________ (Tenant’s Name)Address: ________________________________ (Rental Property Address)This is to inform you that you are indebted to the undersigned landlord in the sum of $4,994.83, representing unpaid rent and charges for the property listed above, as follows:September 2025 rent: $4,100.00Past dues: $750.00Other balance: $144.83Total Due: $4,994.83Payment must be made in full within three (3) days, excluding weekends and legal holidays, after delivery of this notice, or you must vacate the premises.If you fail to pay the total amount due or vacate within the three-day period, the landlord may terminate your rental agreement and initiate an eviction proceeding under Florida law.Payment Instructions: Make payment to ________________________________ (Landlord or Agent) At ________________________________________ (Address or electronic method) Telephone: _________________________________Landlord / Agent Signature: _________________________________Name: _________________________________Address: _________________________________Phone / Email: _________________________________Date Served: _________________________Method of Service: ☐ Posted on door  ☐ In-person  ☐ Certified Mail

Benjamin

This is for you to fill out, I am providing you the template.  I am not your lawyer and will not be filing this for you.  You will need to create this notice and serve it on the tenant.  Did that solve your issue? Please let me know if you have any further questions.

Benjamin

No I will not be sending this to the tenant. Just a quick heads-up—I'm happy to share general legal info, but this conversation doesn't create an attorney-client relationship or count as formal legal representation. If you need someone to send the letter on your behalf, you will need to hire a local attorney who can represent you directly.

Benjamin

Now, you can print it, sign it and serve the tenant.