Eviction is not something we love doing, but in rare circumstances, we have no choice but to evict tenants from a rental property. The good news is we take charge of the entire process on your behalf. A tenant eviction is a process backed by the law that a property owner uses to compel a tenant to vacate from their rental home.
There are several reasons that warrant an eviction. Here are a few of the most common reasons:
At Income Realty Corp, we make several attempts to rectify the situation before filing for an eviction. Only in rare circumstances are we unable to work out a solution.
We always make an effort to reach out to the tenant and notify them about their missing rental payment. If the tenant does not pay their rent after we've reached out, we then serve them with a formal notice for non-payment. This is necessary in order to have the proper documents in the unlikely event that we need to file for an eviction.
If the tenant still fails to pay the rent, we will contact you for consent to file for an eviction.
Florida State law requires a tenant to be issued a "3 Day Demand for Rent" notice. Your tenant is given the choice to pay the rent they owe or leave the property. If they still fail to pay their rent, we are then left with no choice to begin a court process to force the tenant to vacate the property.
When a tenant fails to pay, we issue them with a Demand for Rent notice. At this point, the tenant has the choice to pay their outstanding rent or vacate the property. When none of the above happens, we are left with no option but to file an eviction lawsuit against them.
In most cases, we file an eviction with a Small Claims Court (when less than $10,000 is owed). The Court will then issue "Summons" to the tenant notifying them of filing for eviction.
Once the tenant is in receipt of the Summons, they can choose to vacate the property or contest the case. If a tenant decides to contest the case, a date for the court hearing is set and during the case, each party has a chance to bring their evidence before the court. Evidence, in this case, includes proof of non-payment of rent, documents of notices served or photos of damaged property depending on the nature of the case.
If the court rules in favor of the property owner, you formally have legal permission to evict a tenant from your property. If the tenant refuses to move out after a "Summary Ejectment" has been issued, a "Writ of Restitution", which is valid for a week, is issued authorizing a county sheriff to carry out a forceful eviction. If a tenant leaves behind some of their property, you're required to get an "eviction dumpster" allowing you to remove a previous tenant's belongings from your 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 in dealing with any lease 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.
If you've been searching for an excellent Miami Property Management Company with experience in eviction services, get in touch with us today at (305) 251-5561.