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What Happens If I Can’t Pay My Rent? Will I Be Evicted?


Many tenants end up in a situation where they cannot pay their rent. But does it mean that you will be evicted if you get behind in your rent due to a legitimate excuse such as the loss of job, injury, illness, or others?

Since each situation is unique, it is advisable to consult with an attorney if you are a tenant who cannot pay rent. Contact a Bradenton landlord-tenant lawyer to discuss your specific case and help you understand your options.

Can My Landlord Evict Me for Not Paying Rent?

Yes, if you fail to pay rent as agreed upon in the lease or rental agreement, your landlord can evict you for non-payment. You can be evicted for not paying rent even if you have a legitimate reason for failing to pay, such as the loss of your job, illness, and others.

However, in order to evict a tenant for not paying rent, Florida landlords must comply with the specific rules and procedures. First and foremost, Florida law requires a landlord to go to court to evict tenants who fail to pay rent.

Before the eviction process is initiated, the landlord is required to provide the non-paying tenant with a written notice specifying the amount of rent owed and requiring to pay the rent due within the specified timeframe.

Can I Pay a Portion of My Rent?

If you cannot pay your rent, your lawyer can help you negotiate a mutually beneficial agreement with your landlord.

For example, your landlord may agree to partial rent payments. It means that, if you can, you will pay at least a portion of your rent until you can pay the full amount. However, your landlord will most likely want you to pay back rent once your financial situation goes back to normal.

When your landlord agrees to partial rent payments, it is advisable to have an attorney draft an agreement.

What Are My Options if I Cannot Pay My Rent?

If you cannot pay your rent, it may be a good idea to be upfront with your landlord. In most cases, being honest about your inability to pay rent is a better alternative to keeping your landlord in the dark until your rent is due and the landlord does not get the money.

Usually, landlords prefer to come to an agreement with a tenant who cannot pay rent instead of filing an eviction lawsuit. That’s because eviction is a costly and time-consuming process, not to mention that the landlord would lose rental income while the eviction process is ongoing.

Many landlords prefer to accept partial rent payments to receive at least some amount of money, especially if the tenant has a proven track record of rule-abiding behavior.

For this reason, it is highly advised to contact a knowledgeable attorney to help you reach an agreement with your landlord if you cannot pay rent. An attorney will help you avoid eviction. Keep in mind that evictions are public records that can affect your ability to find good housing in the future and may even damage your credit score.

Speak with an experienced landlord-tenant lawyer to discuss your options if you cannot pay rent. Reach out to our attorneys at Moran, Sanchy & Associates for a consultation. Call 941-366-1800.