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Eviction Protection For Your Rental Investment

Tenant eviction is not something a property owner loves doing, but in rare circumstances, a property owner has no choice but to evict a tenant from a rental under Florida statute. The good news is that as your Miami property manager, we take charge of the entire Florida tenant eviction process on your behalf.

When you evict a tenant you must follow an eviction process backed by the Florida law to compel a Miami, Florida tenant to vacate from the rental home. For a month-to-month lease or rental agreement, mean eviction notice is unnecessary as you just do not renew the lease or rental agreement due to lease violations, but it's not always that easy. Tenant eviction can be a long and tiresome process.

Reasons For Evicting a Tenant From a Rental Property

There are several reasons that warrant a tenant eviction. Here are a few of the most common reasons:

  • If they fail to pay rent within the period specified in the rental agreement. You may demand rent and, if they still don’t pay, they can be evicted unless they pay the past due rent in full.
  • A tenant damages property in a rental house due to carelessness and negligence, as per the rental agreement
  • Keeping pets in a rental property in cases where the written lease agreement prohibits pets
  • A tenant fails to renew their rental agreement and continues to occupy the property
  • Tenants who engage in misconduct, are a nuisance, and cause undue disturbance to their neighbors
  • Having unauthorized tenants living on the leased premises
  • Using the rental house for criminal and unlawful activities which is a lease violation as well as illegal
  • Any rental agreement violation that could be considered major or a repeated offense

Income Realty Corp Legal Eviction Process

At Income Realty Corp, we make several attempts to rectify the situation before filing for a tenant 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 written 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, they refuse to leave after commiting rental agreement violations, or a tenant remains in the rental unit after being given an eviction notice, a property owner 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 notice. 

Florida State law requires a tenant notice of a "3 Day Demand for Rent". 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 a tenant from the Florida rental unit under Florida law.

When they fail to pay rent again, as your property manager, we issue them with a Demand for Rent written notice. At this point, the tenant has the choice of either paying rent or vacating the property. If the tenant paid rent, they can either stay in the 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 an eviction notice, your property manager is left with no option but to file an eviction lawsuit against them and begin the tenant eviction process. An eviction notice is first filed when a tenant refuses to pay rent, and then may be followed by an eviction lawsuit.

In most cases, Florida 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 a  notice 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 Miami-Dade County Court in favor of the tenant. A default judgment is final.

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 and their property manager, 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 Miami-Dade 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.

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