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Get Rid of my Tenant!

Posted by Helena Grossberg on February 8, 2014
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If you bought a property in Miami and rented it in expectation of collecting an income in the form of rent, here’s what to do if your tenant is not complying with the lease.

The eviction laws in Miami are very strict, and require that the homeowner first send a written notice to the tenant to correct any existing issues. It is very important to be careful so that this notice should not be perceived as being discriminative, since there are many laws protecting specific groups and minorities in the USA.

If the tenant is in breach of contract, the owner sends the notification in person or with a certified receipt, giving three days to pay the late rent or move out. If it is a different problem, such as having a dog in a building that does not allow pets, the notice should give seven days to correct the problem, such as finding a new place for Toto. It is also possible that the notification simply asks the tenant to vacate the property.

The owner does not have to have a reason to ask the tenant to leave the property. However, it is necessary to allow sufficient time for the renter to find another place to live, such as 30 days if the contract is from month to month, or at least 60 days if the contract is annual.

Many homeowners do not take a strong stand and ask the tenant to move out when a problem arises, for fear of repercussions, or that the tenant would claim unfair treatment under the Fair Housing Laws.

However, if the decision to send a notification to leave was based on disorderly conduct, damage to property, non-payment of rent, or other breaches of contract, then these claims are unfounded. Only when there is reference to race, color, religion, sex, national origin, family status, and disability one must be careful not to discriminate.

An attorney can always help to ensure that the complaint is not related to the above protected classes, and certify that the formal charge is true, legal, and substantial.

The tenant can always defend himself in front of a judge who will give the final order, but in the end, it is a police sheriff who will “help” your tenant leave.
Good to know. Talk with someone who knows. And buy with confidence.

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