Evictions in Miami Florida
Residential landlords in Miami Florida have to follow processes for evictions in Florida outlined by the state laws to legally evict a person from property that is being leased. If a landlord tries to evict a tenant with threats, by turning off the utilities or changing the locks, this is considered illegal. At this point, the tenant can file a lawsuit against the landlord for civil damages. That is why it is so important to always follow the necessary procedure. Eviction Process in Florida, attorneys at HLF Real Estate Law can help you.
The first step of the Florida eviction process is to serve the proper written notice to the tenant. If the tenant has failed to pay rent, the 3-day eviction notice should be used. When considering the three day period, don’t include the first day of service, holidays, or weekends.
If the eviction is due to noncompliance by the tenant with the rental agreement, but there is a cure permissible or possible, then a 7 Day eviction notice must be given. This is also referred to as the Seven Day Notice to Cure or Notice of Noncompliance. It has to contain the omission or act that constitutes the noncompliance and that the lease is going to be terminated unless the tenant fixes the breach within a period of seven days.
The tenant has to be advised that the same noncompliance or breach within the following 12-months is going to result in the lease being terminated with no opportunity to cure the issue of noncompliance.
There is also a 7-day notice for termination in eviction cases where a cure for the breach or the violation is not permitted or possible. These types of Florida eviction notices apply in situations where the tenant has continued with an unreasonable amount of nuisance or disturbance, damaged or destroyed the premises, or committed some type of criminal act.
This is a notice served to tenants who are on a month-by-month lease. It has to be served 15 days prior to the rent being due. For example, it is necessary to serve the notice on May 15th if the landlord requires the property to be vacated by May 1st.
Service of Eviction Notices
The service of a Florida eviction notice is able to be accomplished by taking it to the tenant, or by leaving it with an adult tenant at the location, by sending it certified mail or posting it on the door of the property. The person who is serving the notice has to indicate how it is served.
Eviction Summons and Complaint
If the tenant doesn’t comply or leave the property, the landlord needs to serve the Eviction Summons and Complaint document. The document has to be served by a sheriff or a registered process server. The tenant then has five days to submit a response in court. If no answer is received, the landlord should then file the Motion for a Default Judgment, as well as a Final Judgment for Possession.
Need Help for Evictions in Florida? Contact Our Miami Eviction Lawyer at HLF Real Estate Law
If you need more information about the evictions in Florida, contact experienced Miami Eviction Lawyer for help. They can ensure the process is handled properly and legally. Call today at 305-777-0474.