Evictions are sweeping across Florida. In December 2020, 15.6% of Florida's renting households were in danger of eviction within two months.
This statistic may make evictions seem easy, but every eviction is complicated. If you want to be a successful Miami landlord, you must understand the steps you need to follow whenever you want to remove your tenant. Here's what you must do every time you start a Miami eviction.
Find a Reason to Evict a Tenant
Florida eviction laws let you evict tenants for several reasons. Consistent problems with paying the rent in full and on time can lead to an eviction. Failing to pay the rent once may not be sufficient grounds for the eviction process unless your tenant is hostile toward you.
Causing property damage that goes beyond wear and tear is also another good reason to evict your tenant. Nail holes in walls may result from your property aging, but large holes may be the fault of your tenant.
You can remove your tenant if they violate major terms in your lease. If they smoke in a non-smoking property or bring pets into a pet-free apartment, you may remove them if they fail to correct the problem.
Write a Legal Notice
Regardless of why you are starting the eviction process, you must send your tenant a notice that the process has started. If they have failed to pay rent, you can send them a notice for non-payment. Give them three days to leave the premises or pay the rent back.
If they violated your lease, you can write them a lease violation eviction notice. You should give your tenant seven days to correct the violation.
You can write a notice yourself, but you should ask an eviction or housing lawyer to read it over. The lawyer can also represent you if your tenant decides to go to eviction court.
Prepare for a Court Hearing
Many tenants will leave once they receive eviction notices. However, your tenant may decide to contest the eviction in court or delay the process.
Even if you think you are right to remove the tenant, you should prepare for a lengthy hearing. Gather important documents, namely your rental agreement, your owner statement, and evidence showing damage to your property or a violation of your lease. Arrive at the courthouse early and answer your judge's questions honestly.
Handle All Evictions Properly
You must perform the same steps for all evictions you start. You must have a reason under the Florida Statutes for removing your tenant from their property. Do not lock your tenants out or discriminate against them.
Write a notice specifying the reasons why you are removing your tenant and give them time to correct the situation. If they challenge you, go to court with all papers relating to your case.
If you need help, turn to experienced property managers. Pristine Property Management helps Miami landlords with screening tenants and managing evictions. Contact us today.