Evictions are not something we love doing, but in rare circumstances, we have no choice but to evict a tenant from a rental property. The good news is that as your Miami property management company, we take charge of the entire process on your behalf. When you evict a tenant you must follow a process backed by the law to compel a Miami, Florida tenant to vacate from the rental home.
There are several reasons that warrant an eviction. Here are a few of the most common reasons:
At Income Realty Corp, we make several attempts to rectify the situation before filing for an eviction. Only in rare circumstances are we unable to work out a solution which is when we'll proceed with our eviction services.
We always make an effort to reach out to the tenant and notify them about their missing rental payment. If your Miami, Flordia tenant does not make their rental payment after we've reached out, we then serve them with a formal notice for non-payment. This is necessary in order to have the proper documents in the unlikely event that we need to file for a legal eviction.
If a tenant owes rent they won't pay, a tenant refuses to leave after commiting lease violations, or a tenant remains in the rental unit after being given notice to leave, a landlord can consult with legal services.
If the tenant still fails to pay rent owed after being given written notice, we will contact you, the property owner, for consent to move forward with the legal eviction process or provide an eviction notice.
Florida State law requires a tenant to be issued a "3 Day Demand for Rent" notice. We provide the tenant written notice of this demand for rent. Your Miami, FL tenant is given the choice to pay what they owe or leave the property.
If they still fail to pay their rent, we are then left with no choice but to begin a court eviction process to evict the tenant from the Florida rental unit under Florida law.
When a tenant fails to pay rent again, we issue them with a Demand for Rent notice. At this point, the tenant has the choice to either pay rent or vacate the property. If the tenant paid rent, they can either stay in the rental unit or leave when the written lease is up.
When paying rent doesn't happen nor does the tenant move out after we give the tenant notice, we are left with no option but to file an eviction lawsuit against them and begin the tenant eviction process.
In most cases, landlords file an eviction with a Small Claims Court (when less than $10,000 is owed). The Court will then issue "Summons" that will give the tenant notice of when the landlord files for eviction. A landlord's failure to comply with the law or unlawful removal of tenants' property can result in default judgment of the county court in favor of the tenant.
A filing fee will be involved when beginning the eviction process, with more filing fees possible throughout. Once the tenant is in receipt of the Summons, they can choose to vacate the unit or contest the case.
If a Miami, Florida tenant decides to contest the case, the court grants a court date or hearing date to continue the eviction action against the tenant. In an eviction case, evidence must be provided by both sides to argue the charges according to the landlord-tenant law.
Evidence, in this case, includes proof of non-payment of rent, documents of notices served, or photos of the actual damages to the rental unit depending on the nature of the case. A tenant's personal property has no place in this evidence file.
If the court rules in favor of the landlord, you formally have legal permission to evict a tenant from your Miami, FL property. If tenants refuse to move out after a "Summary Ejectment" has been issued, a "Writ of Restitution", which is valid for a week, is issued authorizing a county sheriff to carry out a forceful eviction. If tenants leave behind some of their property, you're required, as the landlord, to get an "eviction dumpster" allowing you, the landlord, to remove a previous tenant's belongings from your Miami, FL property. Once the eviction is completed, we contact a locksmith to change locks.
Eviction is a long, tiresome, and expensive process but when need the arises, it has to be done. At Income Realty Corp, we hold your hand and assist you, the landlord, in dealing with any rental agreement violations. For us, eviction is the last option after all other avenues have failed. Our evictions are professionally managed with the aim of finding you new quality tenants as soon as possible.
If you've been searching for an excellent Miami, FL Property Management Company with experience in eviction services, call us today at (305) 251-5561.