Miami Real Estate, Evictions, Civil Litigation, Family Law, Condo Deposit Recovery and Construction Liens.
Landlord/Tenant Law Information For Miami Landlords
KEY BENEFITS OF USING AN ATTORNEY:
The Law Offices of Nicholas Felzen can provide you with a Miami Real Estate Attorney to review the lease and all the facts concerning any lease violation. This office will prepare all statutory notices and prepare all pleadings and motions to pursue the eviction.
While Landlords or Property Managers can handle the eviction process without a lawyer, it is not advisable to do so. The Eviction process has very specific rules and procedures that need to be followed 100% to successfully remove a tenant. If not handled correctly, the eviction can take a much longer time to complete or may even be dismissed. The resulting delays can be much more costly to the Landlord than hiring a lawyer to properly handle the matter.
HOW TO SERVE
THE NOTICES:The Landlord or Property Manager may either hand the Notice to an adult who lives at the property and is named under the lease OR Post the Notice on the door of the property.
A proper 3 day Notice is crucial to a successful Eviction Action. Make sure to address all adult occupants under the lease in the Notice. Date the Notice on the day that you serve it. Fill in the exact amount of Rent owed. Fill in the expiration day but remember that the Notice does not count the day of delivery and will expire on the 3rd business day which excludes Saturdays, Sundays and Legal Holidays. Remember to fill out the Certificate of Service upon posting the Notice. Copy the Notice and keep the Original in your files.
IF THE TENANT
ATTEMPTS TO PAY:The Tenant has the absolute right to pay you the FULL amount of rent due within the time frame of the 3 business day notice. You must accept the rent if it is offered to you within the 3 day period and if it is a FULL payment offer. If the 3 day time period expires or it’s only a partial payment offer, you can refuse the rent payment offer.
CAN THE TENANT FILE BANKRUPTCY AND STOP THE EVICTION:
Unfortunately, the Tenant can file a Bankruptcy case at the Bankruptcy Court that automatically stops the Eviction case in its tracks. This postponement or Automatic Stay of the Eviction case will continue until the Landlord’s Attorney files a motion to lift said automatic stay and the Judge gives permission for the Eviction to proceed.
HOW TO PLACE CLAIM ON SECURITY DEPOSIT:
Upon the Tenant’s vacating of the premises for termination of the lease, if the Landlord intends to impose a claim on the Security Deposit, the Landlord shall have 30 days to give the Tenant written Notice by certified mail to the Tenant’s last known mailing address noticing the Tenant of the Landlord’s intention to impose a claim on the deposit.
