It only took a 12-month period for Miami and Fort Lauderdale to rack up a whopping 23,000 evictions.
With this surge in recent evictions, understanding the Miami eviction process is crucial. It allows you to ensure compliance with local laws and to protect your property rights.
Keep reading to learn about the legal steps and processes involved in evicting a tenant in Miami.
Taking Stock of the Miami Eviction Process
Landlords must follow a series of tenant eviction steps to remove someone from their property.
If you don't follow these guidelines, it can result in the following:
- Delays
- Legal complications
- Dismissal of eviction case
Knowing the exact steps is a surefire way to succeed in the process.
Step 1: Issuing an Eviction Notice in Miami
The first step in the Miami eviction process is providing the tenant with a formal eviction notice. Such a notice is a critical component of the landlord legal guide.
It serves as the tenant's official warning that they are in violation of their lease agreement. The type of notice required depends on the reason for eviction.
Non-Payment of Rent
Has your tenant failed to pay rent on time? In this case, you must give them a "Three-Day Notice to Pay Rent or Quit." Such a notice gives the tenant three business days to pay any overdue rent or leave the property.
Violation of Lease Terms
Have you caught them violating the lease in one or more ways? Whether they have unauthorized pets or are subleasing, the landlord must hand out a "Seven-Day Notice to Cure or Quit." A notice like this allows the tenant a full week to correct the violation or face eviction.
Unconditional Quit Notice
In cases of severe or repeated violations, landlords may issue a "Seven-Day Unconditional Quit Notice," which doesn't come with the option to fix the situation. Instead, it demands that they leave the property within the week.
Step 2: Filing an Eviction Lawsuit
Has your tenant ignored the notices? If so, the landlord must file an eviction lawsuit in the Miami-Dade County court. It's a legal action that formally requests the court to order the tenant's eviction.
The landlord must provide the court with documentation, including the following:
- A copy of the lease agreement
- The eviction notice
- Evidence supporting eviction claim
Once the lawsuit is filed, the tenant is served with a summons and complaint.
Step 3: Getting a Writ of Possession
After a successful court ruling in favor of the landlord, the next step in the Miami eviction process is obtaining a "Writ of Possession."
As stated by Miami tenant laws, the legal document gives the landlord the authority to have the tenant removed from the property by law enforcement.
Evictions Can Be Smooth and Swift
When you know the nuances of evictions, you can protect yourself and your property.
You'll always have a friend in PMI Miami Lakes. Our passionate team can help you with eviction tips, property maintenance, tenant screening, and more.
As a show of good faith, the PMI team would love to offer you a complimentary consultation.
