What Is a Hardship Stay of Eviction in Florida?

A hardship stay of eviction is a court order that temporarily delays an eviction after a judgment has already been entered — giving a tenant facing a genuine crisis a short window before removal actually happens.

Important: This Applies to Standard Evictions, Not Unlawful Detainer

A hardship stay is a tenant protection tied to Chapter 83 (landlord-tenant law) — it applies when a landlord-tenant relationship exists. Because Unlawful Detainer cases involve no landlord-tenant relationship and no rent agreement, this protection generally does not apply in an Unlawful Detainer case.

When Can a Tenant Request One?

A hardship stay can only be requested after a court has already entered an eviction judgment — it doesn't stop a case from proceeding, and it doesn't apply before judgment.

What Counts as a Qualifying Hardship?

• Sudden job loss
• A serious, unexpected medical emergency
• Death of the household's primary income earner

The hardship generally must be temporary, unexpected, and not caused by the tenant's own misconduct — courts are far less likely to grant a stay if someone simply chose not to pay rent despite having the ability to.

Is It Automatic?

No. A judge reviews the request individually and requires real documentation — medical bills, a termination letter, or similar proof. The tenant typically still owes rent that accrues during the stay period.