The Miami Florida eviction process is strict; landlords must be sure to follow guidelines set forth by the state when evicting a tenant. Proper notice must be given to the tenant prior to filing suit for eviction. Also, it is illegal to simply change the locks to a property or deny access to the property which a tenant has possession of without following the proper channels; in addition it is against the law to remove tenant’s personal property prior to an eviction being fully completed.
Proper notice of the intent to evict from a landlord to a tenant would be a “Three Day Notice to Pay Rent or Surrender Possession of the Property”. This notice may be served by the landlord directly, the landlord agent or property manager, the deputy sheriff or a Florida licensed process server. The service of the notice may be in person or via overnight or certified mail. Keep in mind that the notice must follow the Florida’s statutory form. Regardless of the service landlord should be sure to retain proof of service for the notice.
Upon the service of the notice; the tenant will have three days (excluding day of service, Saturdays, Sundays or legal Holidays) in which to either pay the rent due or surrender possession of the property by vacating. If the tenant does not pay rent of surrender possession then the landlord may proceed with the eviction process (see chart below).
The procedures described in the chart are used for a tenant who is not paying rent. However, there are other reasons for evicting a tenant; these reasons are related to the failure of a tenant to comply with lease terms other than failure to pay the rent.
In the event of a tenants failure to comply with the lease agreement, the landlord must issue a “Seven Day Notice to Cure” the non-compliance. Again, the notice must follow Florida statutory form. If the tenant does not comply the landlord may proceed with the eviction process.