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  • Writer's pictureJonathan Arias

3 Reasons You Can Evict a Tenant, and 3 Reasons You Can’t

Are you upset with your tenants and want them out of your house? Even though you own that property, it could be a bit tricky asking your tenants to vacate when you want them. After all, you have signed an agreement with them and are getting fixed rent from them. But if you still want to evict them, you could avail of the services of a tenant attorney in Miami Dade.

When You Can Evict a Tenant

tenant attorney Miami Dade
tenant attorney Miami Dade

Tenant Hasn’t Been Paying Rent: Unpaid rent is easily the best reason you can use to seek eviction of your tenant. But before you can do that, you have to give them the formal notice for paying rent within 3 days or face eviction. If they fail to do so, you will have every legal right to have them removed at the earliest.

Tenant Has Caused Damage to Property: Intentional or not, if a tenant damages your property in any capacity, they can be asked to get it fixed, or leave the property. They will have to pay the charge in the second scenario too, but that would pass through a legal tussle. If they agree to get the damage fixed, it will be at your discretion to allow them to continue living, or leave the premises after a specific date.

Tenant Has Violated Lease Terms: If the tenant wasn’t allowed to keep pets or disturb community harmony, and they did either anyway, you can ask them to vacate your property. You can send them a written notice for the same, giving them a few grace days to pack up and leave. If they don’t mend their ways, they will have to abide by the notice and leave as soon as possible or face severe legal action.

When You Can’t Evict a Tenant

tenant attorney Miami Dade
tenant attorney Miami Dade

Tenant Asking for a Certain Repair: If your property is damaged for no fault of the tenant, you have to get it fixed. If you don’t, it can become trouble for you only. Moreover, you cannot use it as a ground to ask your tenant to vacate. You have to get it fixed at the earliest, for the tenant too could stop paying rent and still live on your property by using this as a valid reason.

Eviction on the Basis of Personality Factors: The law doesn’t permit you to ask your tenant to leave just because of their race, religion, gender, skin color, origin, disability, or family background. You could ask them to leave nevertheless, but you can’t force them to leave based on the above grounds. Mentioning any of the same can instead empower your tenant to put you into legal trouble.

Lease is Still Ongoing: If you have entered into a signed lease with your tenant, you cannot ask them to leave until that lease has ended. You have to honor that agreement and will have to wait for the lease period to end. It’s only that period you will have the right back to ask your tenant to vacate your property. You will still need to furnish a valid for asking them, along with a notice, giving them some time to vacate. You are free to take action once that notice expires.

If you aren’t from a legal background, you will find it difficult to manage the legal complexities of evicting a tenant on your own. Instead, you could seek help from a seasoned tenant attorney in Miami Dade. They can help you with every stage of eviction, and when and how you can expedite the process.

Speak to your nearest attorney and ask for a free quote to avail of their services today.

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