Tenant Eviction in Miami Real Estate

Published by julia | Filed under Buyer / Seller Tips, Market Trends, Miscellaneous, Real Estate

Miami real estate market property owners must know when to evict and how to carry it out effectively. The role of a property owner is time consuming and is a fulltime job for most if not for all proprietors. A property owner must observe given rules, act swiftly since time is a major determinant and know when to carry out an eviction. It is devastating and unaffordable to allow a tenant to continue living on a property without paying rent. Delaying an inevitable eviction and allowing a problematic tenant to stay on the property for any additional time is an expensive mistake that should not occur. A proprietor must note that the time to evict is as vital as how to do it. Property owners must observe the five steps of when to carry out an eviction to get rid of a problematic tenant.

The following are five steps of when to carry out a real estate eviction in Miami.

Do not permit a tenant to do any of the following:

1.    Rent default- The proprietor should immediately evict a tenant who defaults in rent payment. Waiting only worsens the situation and leads to more loses and therefore the property owner should not hesitate in carrying out an immediate eviction. The proprietor cannot afford to waste time and must serve the tenant with a 3-day notice before the new month’s 5th date to reduce the time spent in the premises by the tenant, without rent payment. Tenants come up with all sorts of excuses for not paying rent and if possible can remain on a market property in Miami real estate for a long duration, rent-free.

II.    Late payments- a proprietor should evict any tenant that consistently pays their rent and refuses to pay the fee stipulated in the contract on late rent payment. It is excusable for a tenant in Miami real estate market to pay rent late including late rent in some cases but one that pays their rent late on a regular basis should be replaced with another tenant. The habit of late payments should not be tolerated since it is not only time consuming but it costs the landlord time and money. The proprietor should therefore understand that evicting the tenant is inevitable and wisely do it earlier.

III.    Withhold rent- A tenant that withholds rent from the property owner until certain repairs are done on the premises must be evicted immediately. Tenants try to hold back rent until they have their way and most of their excuses have something to do with incomplete repairs. Tenants go to an extent of photographing pending repairs and forcing the proprietor to complete these repairs before rent payments is done. This is a way of blackmailing the proprietor and should not be allowed or excused in real estate in Miami. No tenant has the right to withhold rent as a means to negotiate for repairs. A tenant has no grounds to force a property owner to do random or unnecessary repairs.

IV.    Deduct rent- A tenant who deducts repairs from monthly payments must be evicted. Each tenant must pay his or her rent in full as contracted. A tenant can decide to buy a new stainless steel refrigerator and make a deduction from the rent. Tenants have no right to make deductions of any amount from the rent to compensate for appliances repairs, improvements or other reasons. Rent for real estate in Miami should be separated from all the property repairs. It is only the proprietor who has the mandate to approve and pay for repairs and a tenant is not permitted to decide which repairs are pending and when they should be done. A tenant cannot go ahead and make repairs then inform the proprietor that they will deduct these repairs from their rent.

V.    Live on the deposit – Eviction must be started immediately a tenant declares to the property owner that they are not paying rent and will live on the deposit. Living on the deposit is widely unacceptable and is not legal. The major problem lies in whether the tenant will keep their word and leave the premises once their deposit is spent. It is a common scenario to see a tenant staying on a property past their deposit and attempting to live subsequent months without paying rent. The tenant must not live on the deposit for whatever reasons. In most cases, the tenant gets their deposit back once they vacate from the premises and the proprietor does a thorough inspection. Funds that are used in property repairs after the tenant vacates are deducted from this deposit, which acts as security.

As a property owner, one must observe all the five steps listed above in carrying out an eviction in real estate in Miami and act without hesitation to prevent potential disaster. Problematic tenants should not be retained just to keep a property occupied or out of fear that the premises will not be rented. It is advisable to let out property to a tenant who will not only make timely rent payments but also one who will be a good property steward. Tenant screening is therefore an essential part of the entire renting process. Eliminating a tenant who is not reliable but continuously pays their rent late without adding late fees, withholds rent to coerce the landlord to make repairs or fulfill other tenant demands is not negotiable for landlords. Other indicators that property owners must look out for before carrying out evictions are tenants who deduct repairs from their rent and those who live on the deposit. Identifying problematic tenants and preventing potential problems goes a long way in ensuring a proprietor succeeds and stays above competition in the real estate in Miami.