An eviction for nonpayment of rent is the legal process to evict a tenant from a property they occupy. The eviction process in Miami, Florida is very complicated has rules very strict and deadlines that the landlord must know and obey in order to avoid delays and legal liability. An eviction for nonpayment of rent has become very common in current economy and current real property market in Miami.
It is illegal for a landlord to forcibly evict a tenant in Miami-Dade County for nonpayment income without a warrant from a judge. The landlord can not put the chains on the door, turn off utilities, or enter the property to change the locks and take possession. You must go through the eviction court system and follow very specific steps. The landlord must act quickly if the tenant refuses to pay the rent. The owner shall initiate the eviction process immediately.
These are the steps to do an eviction in Miami.
Step 1. Three days of notice – This is the first step in the process of eviction. You put yourself at the door or deliver the form in Miami. The three day notice notifies the tenant to pay rent in full or vacate the premises within three working days. Indicates the name of the tenants, address, amount of rent due and the date of notification. It is signed by the owner or the property manager.
Step 2. Five days notice or Residential Eviction Notice – This form must be served by the sheriff or a private server tenant in Miami-Dade County. Indicates the number of case the plaintiff (landlord) and defendant (plaintiff). Let the tenant know that you have 5 days to respond to the Court why they should not be forced to move.
Step 3. Complaint for removal of tenants – This form is part of the communication of five days and must be served upon the tenant, at the same time. A copy of the three day notice and a copy of the lease should be included as part of the package. A rate presentation to be paid $ 270.00 in court, plus $ 10.00 for each citation and $ 20.00 sheriff's fee for each service of the notice of five days.
Step 4. Default Package – This package is file approximately 10 days after the service only if the tenant has not responded to the court. This Package includes affidavit of non-payment of rent should be notarized, not military Affidavit, Motion for default, the decree of expulsion of the tenant, writ of possession. There is a fee of $ 95.00 payable to the officer in advance.
Step 5. Act of Possession – The judge will sign a writ of possession after receiving the default package and then be handed to the Sheriff.
Step 6. Eviction – The sheriff will post a note on the door informing the tenant the date you must exit and when the eviction will take place, usually within 42 to 72 hours. The Sheriff will return and evict tenants, all will be removed from the premises and take possession of the property to the owner.
Most evictions do not go through all the steps. Many evictions for nonpayment are solved at step number one, the Day Three notice. The tenant will call you alarmed and either pay rent or request a deposit back so he / she can leave. Usually I try to work with the tenant in every step of the eviction process. Since all I want as a landlord is possession of the property offers the tenant to give your deposit, to place her things in storage and car engines at my expense and help you find elsewhere. The real estate market in Miami and the economy is slow and fraught with problems with tenants. It is always best to try to negotiate with the tenant, if possible. A complete removal is a tedious process and taken to be negotiated and avoided at all costs in real Current Miami property market.
Disclaimer. This author is not a lawyer and recommended that if you have any doubts or questions about making a eviction should contact a real estate lawyer in Miami immediately.
About the Author:
Hector Lesende is Owner/Licensed Real Estate Broker in Miami South Florida. Please visit
Miami Real Estate
at
http://www.lesende.com
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Article Source: ArticlesBase.com – Miami Real Estate – Eviction Process
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