Struggling with Evicting Your Tenant - All You Need to Know
When it comes to that, evicting a tenant can be more difficult than finding one. There are specific procedures that have to be followed so that the tenants have no other option but to comply. You could get a big help from a landlord tenant attorney in Miami Dade County who can discuss the proper way to go about it.
Seeking Eviction Due to Some Reason
The reasons why one could need the tenant to evict can be many, such as:
● Not paying rent on time
● Not paying rent at all
● Violating the conditions of a rental agreement
● Getting involved in an illegal act
● Not living as per the community guidelines
● Damage to the property and/or not compensating for it
● End of rental lease
As per state law, a landlord has to give the tenant a written notice. This notice defines how much time the tenant has before they have to leave the property. The notice can also include terms for paying the rent in order to continue living in the said property.
Seeking Eviction Without a Cause
The above mentioned reasons can be used by the landlord to have their tenant evict their house. However, they can also evict the tenant without cause. They can do this as per the type of agreement they have with their tenant, such as:
● Month-to-Month Agreement: The landlord can give a 15-day notice to the tenant to vacate the property through a written notice. Any rent adjustments can be made accordingly.
● Lease Agreement: The landlord will have to wait till the end of the lease before they can ask the tenant to vacate the property.
If the tenant does not comply with the eviction notice, the landlord can move ahead with an eviction lawsuit.
Note that tenants have rights too. They can always contest that their eviction is illegal or is being forced on them without any reason. They can also use procedural mistakes made by the landlord to delay the inevitable. Failure to upkeep the property can be another ground that tenants can use to avoid vacating the property.
Do Not Take Any Action Yourself
Despite the property in question being yours, you can never attempt to evict your tenant by yourself. That could backfire and penalize you instead.
Instead, you must follow the right procedure to evict them. So, you start with filing a notice, and then proceeding with a lawsuit. Once you win that lawsuit, you can ask the local sheriff to get the property evicted.
If you do not want to struggle with your tenant over such grounds, you must hire a top landlord tenant attorney in Miami Dade County. Your attorney will help you understand your legal options and how you can use them to your benefit. Since you are the property holder, you will have a higher chance to win the case. But you will need to show patience and restraint while the legal proceedings are on. With a seasoned attorney at your side, you will be able to reach that desired outcome in a matter of time.
Why Hire an Attorney
● Minimize any Potential Mistakes: This covers the right process to file an eviction notice followed by the lawsuit. You will also need to obtain other paperwork and need to organize it for a quicker submission.
● Reach the Desired Outcome Stress-Free: Your attorney will take care of all legal challenges so that you do not have to get tangled up with them by yourself.
● Not Allow Your Tenant to Intimidate You: When you hire an attorney, it’s them who do all the talking. This way you do not have to talk to your tenant and so wouldn’t be at risk of getting intimidated by them.
● Get Your Tenant to Pay for Damages, If Any: If your tenant has caused any damage to your property, they should pay for its repair. Your attorney ensures that they do that as soon as possible.
Taking the legal route isn’t really the first choice of everyone. But when the situation becomes inevitable, going this route may also be your only way out to a peaceful resolution and timely eviction.
For more details, contact your landlord tenant attorney in Miami Dade County and seek a free consultation today.