Tampa Bay Landlords Ask: What is a Hardship Stay in Florida?

Tampa Bay Landlords Ask: What is a Hardship Stay in Florida?

Evictions in Florida aren’t quick or easy. They involve paperwork, court dates, and sometimes, unexpected delays. One delay that often catches Tampa Bay landlords off guard is the hardship stay.

So let’s break it down. What is a hardship stay in Florida, and how does it affect you as a landlord?

Key Takeaways

  • In Florida, courts can grant tenants facing eviction a temporary eviction delay—often lasting 6 to 12 weeks—even if rent is still unpaid, though the exact length is decided on a case-by-case basis.
  • As of 2025, 75% of the nation’s 10.9 million extremely low-income renters spend over half their income on rent, making hardship stay requests increasingly common.
  • Even with a hardship stay in place, landlords remain responsible for rental property upkeep and expenses without guaranteed rent payments or court-ordered partial rent.

What is a Hardship Stay of Eviction?

A hardship stay of eviction is a delay issued by a court when a tenant is facing eviction but is experiencing serious financial difficulties. It doesn’t cancel the eviction. It just pauses it.

Let’s say a tenant loses their job or racks up medical bills they can’t pay. They can ask the judge to delay the eviction order. If the court agrees, the tenant might get up to 60 extra days in the unit.

This is called the eviction hardship extension period. During this time, you can’t evict tenants even if they still owe overdue rent.

The Eviction Process in Florida and Where a Hardship Stay Comes In

Evictions in Florida usually follow a set path, but a hardship stay can throw off the timeline. Knowing where it fits in the eviction process helps you stay one step ahead.

  • Tenant misses rent payments or breaks the lease agreement
  • You serve a proper eviction notice
  • Nothing changes, so you file an eviction lawsuit
  • The court sets a hearing date
  • You both show up for the eviction hearing

At any point before or during the court hearing, the tenant can request a hardship stay.

What Counts as Financial Hardship?

Not every tenant qualifies for a hardship delay. Courts look for proof that the tenant is genuinely struggling and not just buying time.

They might consider:

  • Job loss or a sudden drop in household income
  • Big medical expenses, backed up by medical records
  • Other unforeseen circumstances, like a death in the family or a disaster
  • Efforts to pay you back—partial rent payments or proof of intent to pay rent

If the tenant can demonstrate financial hardship, the judge might grant a hardship extension. But it’s not guaranteed.

How the Eviction Hardship Extension Process Works

If a tenant wants a hardship stay, they have to ask the court. It usually goes like this:

  1. They file a written request that explains their financial difficulties
  2. During the eviction hearing, they explained their situation
  3. The court looks at everything, such as their financial situation, the amount of unpaid rent, and whether they’re trying to fix it

If the court grants the request, the eviction case gets delayed. The extension period typically ranges from a few weeks to around 6 to 12 weeks, depending on the judge and the tenant’s situation.

What This Means for You as a Landlord

A hardship stay alters your timeline, cash flow, and subsequent steps. Here’s what you need to know if the court hits pause on your eviction case.

  • You still won’t get your rent arrears right away
  • You can’t move forward with an immediate eviction
  • You’re still responsible for keeping the unit safe and livable
  • You may need to cover expenses out-of-pocket while waiting for the extension to end

And don’t expect partial rent payments during this time unless the tenant offers.

Can You Still Evict After the Extension?

Once the extension period ends, you can move forward. Unless the tenant paid up or left on their own, the eviction proceedings continued.

But don’t skip steps. You must still follow local eviction laws and send any required written notice. If not, your case could get tossed out.

Are There Resources for Tenants?

Yes. And some of them may help you get paid. A 2025 report from the National Low Income Housing Coalition says about 10.9 million extremely low-income renters live in the U.S., and 75% of them spend more than half their income on rent. Many use programs like:

  • Emergency rental assistance programs
  • The Housing Choice Voucher Program
  • Local community action agencies
  • Help from tenant advocacy groups

These aren’t guaranteed, but some landlords eventually get paid through them. Still, it’s usually slower than anyone would like.

What You Can Do as a Landlord

A hardship stay can feel like a big setback. But you’re not out of options.

Here’s what you can do:

  • Keep all your records: lease violations, missed rent payments, messages
  • Learn your rights under tenant protections and landlord-tenant laws
  • Seek legal advice if you're unsure what to do
  • Consider working with a professional property manager who knows local laws and how to navigate the eviction process

Some landlords offer a temporary rent reduction to keep things moving. Others work with rental assistance programs to avoid long court delays. The right move depends on your situation.

Don’t Let a Hardship Stay Stall You! Stay in Control with Help from Experts

Evictions are tough. A hardship stay makes them tougher. If you’re a landlord in Tampa Bay stuck waiting through delays or trying to figure out what comes next, you don’t have to handle it alone. That’s where we come in.

At PMI Arrico Realty and Property Management, we help landlords stay ahead when tenants fall behind. Whether it’s a standard eviction case or a tenant requesting more time, we help you move forward with less hassle. Here’s what we can do:

  • Track unpaid rent, notices, and legal steps so nothing slips through
  • Guide you through the eviction hardship extension process
  • Coordinate with attorneys if you need legal assistance
  • Make sure you stay in line with local laws and court deadlines

Bottom line: You don’t have time to chase paperwork or wait months to get your unit back. Let us take the pressure off. Visit our Eviction Services page or give us a call, and we’ll help you keep things moving.

FAQs

Can tenants request more than one hardship extension during the same eviction case?

Usually not. Florida courts typically allow only one hardship stay per case. If something major changes, like a medical emergency or disaster, the tenant might try again, but judges aren’t big on repeat delays. If the tenant hasn’t made any progress or effort since the first one, the court’s less likely to go for round two. The best thing you can do as a landlord is keep records tight and stay ready.

How long does a tenant have to request a hardship stay after receiving the removal warrant?

They’ve got about three business days once the writ of possession is issued. That’s the legal document that lets the sheriff step in. If the tenant doesn’t file for a hardship stay within that window, the eviction goes forward—no more delays. Courts usually don’t budge on this. If you’re the landlord, keep an eye on that deadline so you’re not caught off guard.

If a landlord objects to the hardship stay, can the court still approve it?

Yes. Even if you don’t agree, the judge has the final say. If the tenant shows real proof, like medical bills, no job, or no backup housing, the court might allow a short delay. You’ll get your chance to speak, but if the tenant meets the hardship rules, your objection might not stop it. That’s why having good records and showing you’ve played fair helps your side.

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