A Miami Florida Property Managers' Guide to Evicting a Tenant

Evicting a tenant in Miami can get complicated. Not only will it take more than a month or two to accomplish, there will also be expenses. For example, if you have won a Writ of Possession but the tenant doesn’t move out, you’ll need to pay the Sheriff’s office to show up and physically remove the tenant. That’s going to cost between $1,200 and $1,800.

To further complicate matters, there’s been a moratorium on evictions due to the COVID pandemic. What results is an uncertain situation in the Miami rental market and the court system.

Whenever possible, avoid an eviction altogether. Today we’ll be going over the steps, and offer suggestions on how to get your rent paid or your property back if the tenant in place isn’t paying rent.

Strict Screening and Good Communication; Your Best Bet for Avoiding Eviction

Frustrating, time consuming, and expensive are a few of the kinder words that describe the Miami eviction process. We prefer avoiding evictions when we can, so we take extra care with our tenant screening practices. Rest assured, we won’t place a tenant in your property who has a past eviction, financial instability or a demonstrated history of late rental payments.

Beyond enforcing the lease, we also make sure to clearly communicate our rent collection policies.

With evictions off the table over the past year due to the pandemic, communicating with tenants has been even more critical. Talk with your residents who are struggling to pay rent. If they want to stay in the property and catch up on what they owe, we recommend you work with them. Set up payment plans and arrangements. Get what you can while they recover financially.

For tenants who are working the system to get away with whatever they can, offer them the chance to move out without an eviction on their record. Sometimes, it’s better and less of a hassle to just get them out of your property so you can move on and find better tenants.

Evicting a Tenant in Miami: An Overview

When your tenants show no interest in working with you or communicating, eviction may be the only option. While there are several good reasons to evict a tenant, the most common reason is for nonpayment of rent. When your tenant doesn’t pay rent, your first step is to serve a Three Day Notice to Pay or Quit. This gives them three days to either pay the rent or vacate the property. If they fail to do these things, you can begin the eviction process after those three business days.

You’ll need to go to the court, fill out the required paperwork, and pay a filing fee. Your tenants will then be served with a Summons & Complaint. What happens next will depend on how your tenants respond to that. If they contest the eviction, a court date will be set. If they don’t contest it, you’ll still wait 45 to 60 days to get your judgment and your Writ of Possession.

A Miami Florida Property Managers' Guide to Evicting a TenantWe strongly recommend working with an eviction attorney or a professional Miami property management company when you need to evict a tenant, especially now after the eviction ban has been lifted in Florida. If you need any help, please contact us at Trident Management. We’d be happy to assist you.