Even a straightforward eviction can change quickly when a landlord accepts partial rent, suspects abandonment, learns that a tenant has died, or receives notice of a bankruptcy. Each situation requires a careful pause before proceeding.
Partial Payment
Accepting partial rent does not automatically prevent a Florida landlord from continuing an eviction. However, when partial rent is accepted after serving a notice for nonpayment, the landlord must follow one of three statutory procedures:
- Give the tenant a receipt stating the amount received, the remaining balance and the agreed payment date;
- Deposit the partial payment into the court registry when filing the eviction; or
- Serve a new 3-day notice showing the corrected balance.
Failing to account for the payment properly can delay or undermine the case. See Florida Statute §83.56(5).
An empty-looking home is not necessarily abandoned. Florida law generally presumes abandonment when the tenant has been absent for a period equal to one-half of the rental-payment period. For a monthly tenancy, that is ordinarily about 15 days.
That presumption does not apply when the rent is current or the tenant gave written notice of an intended absence. Before changing locks or handling personal property, document the condition of the premises and confirm the available evidence.
For a closer look at the warning signs and proper response, read Is the Unit Really Abandoned?.
See Florida Statute §83.59(3)(c).
Tenant Death
A tenant's death does not immediately give the landlord possession. If another tenant remains, the tenancy may continue.
When the last remaining tenant has died and personal property remains, Florida law permits recovery of possession without an eviction only under specific conditions: rent must be unpaid, at least 60 days must have passed since the death, and the landlord must not have received written notice identifying a probate estate or personal representative. Special rules apply to federally administered or regulated housing. See Florida Statute §83.59(3)(d).
Bankruptcy
A tenant's bankruptcy filing can trigger the federal automatic stay, which may temporarily stop an eviction or prevent the landlord from taking further collection or possession actions.
There are important exceptions, including some cases in which the landlord obtained a judgment for possession before the bankruptcy was filed. Bankruptcy rules are technical, and violating the stay can carry serious consequences. Stop immediately, confirm the filing and obtain legal advice before proceeding.
The Bottom Line
Partial payment, suspected abandonment, tenant death and bankruptcy are not routine eviction steps. Each can change the landlord's rights and the correct procedure. When one arises, document everything and confirm the legal requirements before taking possession or continuing the case.
Florida Landlord Network is a non-attorney service. This article provides general information and is not legal advice.
