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| Miami Real Estate Eviction Process | October 14, 2008, 12:15 am | visits: 8 | wordcount: 698
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By Hector Lesende
An eviction for nonpayment of rent is the legal process of expelling a tenant from occupying a property. The eviction process in Miami, Florida is very complicated has very strict rules and deadlines that the landlord must know and obey in order to avoid delays and legal liability. An eviction for non-payment of rent has become very common in today's economy and current Miami real estate market.
It is against the law for a landlord to forcibly evict a tenant in Miami-Dade County for nonpayment of rent without a judge's court order. The landlord can't place chains at the gate, turn off the utilities, or enter the property to change the locks and take possession. You must go thru the court system and follow very specific eviction steps. The landlord must act quickly when the tenant refuses to pay the rent. The landlord should start the eviction process immediately.
These are the steps to do an eviction in Miami.
Step 1. Three Day Notice This is the first step in the eviction process. You either post it yourself at the door or hand deliver the form in Miami. The three day notice notifies the tenant to pay the rent in full or vacate the property within three business days. It states the tenants name, address, amount of rent due, and date of notice. It is signed by landlord or property manager.
Step 2. Five Day Notice or Residential Evictions Summons This form must be served by the sheriff or a private server to the tenant in Miami-Dade County. It states the case number, the plaintiff (landlord) and the defendant (plaintiff). It lets the tenant know that they have 5 days to answer to the court the reasons why they should not be forced to move.
Step 3. Complaint for Removal of Tenant This form is part of the Five Day Notice and must be served to the tenant at the same time. A copy of the Three Day Notice and a copy of the lease must be included as part of the package. A $270.00 filing fee must be paid at the court plus $10.00 fee for each summons served and $20.00 sheriff's fee for each service of the Five Day Notice.
Step 4. Default Package This package is file approximately 10 days after the service only if the tenant has not answered the court. This package includes Affidavit of Non-Payment of Rent which must be notarized, Non-Military Affidavit, Motion for Default, Final Judgment for Removal of Tenant, Writ of Possession. There is a fee of $95.00 payable to the sheriff in advance.
Step 5. Writ of Possession The judge will sign a Writ of Possession after receiving the Default Package and then it will be delivered to the Sheriff.
Step 6. Eviction The sheriff will post a note at the door informing the tenant the date they must move out and when the eviction will take place, usually within 42 to 72 hours. The Sheriff will come back and evict tenant, everything will be removed from the premises and give possession of the property to the landlord.
Most evictions do not go thru all the steps. Many evictions for nonpayment are solved at step number one, the Three Day Notice. The tenant will call you alarmed and either pay the rent or ask for the deposit back so he/she can move out. Usually I try to work with the tenant at every step of the eviction process. Since all I want as a landlord is possession of the property I offer the tenant to give their deposit back, to place their things in storage and hire movers at my expense and help in finding them another place. The Miami real estate market and economy is slow and filled with trouble tenants. It is always better to try to negotiate with the tenant if possible. A full eviction is a drawn out and tedious process that should be negotiated and avoided at all cost in the Miami real estate current market situation.
Disclaimer. This author is not an attorney and recommends that if you have any doubts or questions about doing an eviction you should contact a Miami real estate attorney immediately.
Hector Lesende is Owner/Licensed Real Estate Broker in Miami South Florida. Please visit Miami Real Estate at http://www.lesende.com We will sell your home from only 1% commission. We provide a free Foreclosure and MLS
Source:www.isnare.com | |
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