Evictions – In the unfortunate event of tenant failing to pay your rent we are ready. Although we make every effort to reduce risk by proper tenant screening an eviction or non-payment is always a possibility. Most of the time that a tenant fails to pay rent we have a good reason; loss of job, divorce and illness are just a few and in these cases we are typically able to resolve the issue amicable. However, in the event of a more undesirable situation we are ready and educated in the eviction process. From the delivery of the three day notice, to assisting in filing the actual eviction we have a process. Our process services is quick and reliable and will ensure that all I’s are dotted and T’s crossed to ensure that your property is vacated as quickly as possible. (Separate Fees Apply)
The Miami Florida eviction process is strict; landlords must be sure to follow guidelines set forth by the state when evicting a tenant. Proper notice must be given to the tenant prior to filing suit for eviction. Also, it is illegal to simply change the locks to a property or deny access to the property which a tenant has possession of without following the proper channels; in addition it is against the law to remove tenant’s personal property prior to an eviction being fully completed.
Proper notice of the intent to evict from a landlord to a tenant would be a “Three Day Notice to Pay Rent or Surrender Possession of the Property”. This notice may be served by the landlord directly, the landlord agent or property manager, the deputy sheriff or a Florida licensed process server. The service of the notice may be in person or via overnight or certified mail. Keep in mind that the notice must follow the Florida’s statutory form. Regardless of the service landlord should be sure to retain proof of service for the notice.
Upon the service of the notice; the tenant will have three days (excluding day of service, Saturdays, Sundays or legal Holidays) in which to either pay the rent due or surrender possession of the property by vacating. If the tenant does not pay rent of surrender possession then the landlord may proceed with the eviction process (see chart below).
The procedures described in the chart are used for a tenant who is not paying rent. However, there are other reasons for evicting a tenant; these reasons are related to the failure of a tenant to comply with lease terms other than failure to pay the rent.
In the event of a tenants failure to comply with the lease agreement, the landlord must issue a “Seven Day Notice to Cure” the non-compliance. Again, the notice must follow Florida statutory form. If the tenant does not comply the landlord may proceed with the eviction process.