Miami Real Estate - Eviction Process

An eviction for nonpayment of rent is the legal process of expulsion of 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 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, a landlord force a tenant to sellorder in Miami-Dade County for nonpayment of rent without trial by a judge. The landlord can not place chains on the door, turn off the utilities, or enter the property to change the locks and take possession. You have to go through the court system and follow very specific eviction steps. The landlord must act quickly if the tenant refuses to pay the rent. The landlord should the evacuation process to start immediately.

These are the steps to do to make a forced eviction in Miami.

Step 1Three Day Notice - This is the first step in the process of expulsion. Either post it yourself at the door or hand deliver the form in Miami. The three days notice informs the tenant vacate the rent in full or pay the property within three working days. It states the tenants name, address, amount of rent due, and date of the notice. It is signed by an owner or manager.

Step 2 Five Day Notice or Residential Evictions Summons - This form must be served by the sheriff or aPrivate Server to the tenant in Miami-Dade County. There is the number of the applicant) (lessor) and the defendant (plaintiff. It lets the tenant know that they respond to 5 days, the court the reasons why it should not be forced to move.

Step 3 Objections to the removal of the 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 is to be included as part of the package. A$ 270.00 filing fee must be paid to the court plus $ 10.00 fee for each load was and will be $ 20.00 fee for each sheriff terminated the service of five days.

Step 4 Standard Package - This package is approximately 10 days after the service file only if the tenant has not responded to the court. This package includes Affidavit of Non-payment of rent, which must be certified Non-Military Affidavit, Motion for default, a final ruling for the removal of the tenant, in writing of the property. There is a fee of $ 95.00Liabilities to the sheriff in advance.

Step 5 Font of Possession - The judge will sign a document in possession of the receipt of the standard package, and then it will be delivered to the sheriff.

Step 6 Eviction - The sheriff will have a note on the door informing the tenant of the date they move out, and when the eviction will take place, usually within 42 to 72 hours. The sheriff comes back and sell to the tenant, everything will be removed from the premises and give possession of theOwnership of the property owner.

Most evictions do not go through all the steps. Many evictions for nonpayment are solved at step number one, to be terminated three days. The tenant concerned and go to either pay the rent or ask for return of the deposit, so that he / she can move. Normally I try to work with the tenant at every step of the evacuation process. Because I want as a landlord in possession of the property is, I offer to give the tenants their deposit back to her things in storage and hiremovers at my expense and help them find another place. The Miami real estate market and the economy is slow and filled with trouble tenants. It is always better to try to, with the tenant to negotiate if possible. A complete evacuation is a lengthy and arduous process, and should be negotiated at any price in Miami real estate current market situation to be avoided.

Disclaimer. This author is an attorney and recommends that if you do have any doubts or questions, aExpulsion, a lawyer, you should immediately contact Miami real estate.

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