Hialeah, FL Eviction Notice
The eviction notice or as it is also called the three day notice to vacate is one of many types of the vacate notices that you, the Landlord, might deliver or have delivered to the delinquent renter. The notices will require a tenant to comply with an agreement that was set forth before they were allowed to occupy the property. Agreements such as lawn care, waste disposal, car storage, or even being an annoyance to the immediate neighbors or neighborhood.
notice in this case would basically require your tenant to comply with the original agreement or be ready to move out. These rules apply throughout the state of Florida and the residence of Hialeah FL in Miami-Dade County.
Another type of notice is simply a termination notice. This kind can be given at the landlord’s discretion and notifies the tenant that they must prepare to move out within a specified time limit. As landlord you don’t need a reason for this type of vacate notice.
These notices can also come with different time limits, three-day, ten-day, and even twenty-day. But the one we will concern ourselves with here is the most commonly used the “three-day notice to pay or vacate.”
A notice to vacate must be delivered properly. Once you, the landlord, determine that you have a good reason to give your tenant an eviction notice you can either hand it to the tenant in person, or you can leave it with someone of a responsible age who lives in the house, must be over 16 years old. You could also post it on the door, but you then have to follow it up by mailing a copy to the tenant. Many landlords prefer to hire a company or someone else to deliver it. The “Notice to Vacate” does not have to be served by the local sheriff to be valid, and it also does not need to be notarized.
When does the Eviction Notice Take Effect
When a tenant is given a 3 day notice the eviction process hasn’t actually started yet. The letter is simply informing the renter, or tenant, that you intend to take this to court if he doesn’t respond within the three-day time limit. The day that the notice is given is not included within the three days, but remember you cannot count holidays and the weekends as days of the eviction letter notice, these are excluded.
Many times as the landlord, you’re serving a notice but really you’re just looking for a solution to the problem at hand. A good tenant will recognize this could possibly be the only chance they will get to communicate with you about the situation. If they haven’t paid the rent, and it’s overdue, the tenant should be willing to talk with you and make an arrangement for payment so as not to get evicted.
As the landlord you may or may not be willing to work with them. That’s up to you. Remember that evicting your lessees is go to require you to understand the court system and have the required paperwork. This why we recommend you to use our service as this is what we do and there will be no mistakes made and you will not be in the situation where you have to go back to court again because of something you forgot or didn’t know you needed in court.
There Are No Excuses for Not Paying the Rent
Many tenants, who just happen to be going through a temporary financial problem, make their biggest mistake by not communicating well with the landlord. Instead of talking with the landlord they try hiding from him until they can come up with the money.
Obviously, this is a bad idea that will cause them nothing but trouble. And of course, there will always be those dishonest renters, who are just trying to avoid their landlord for as long as they can, in order to cheat him out of rent and live free as long as they can.
But once you have delivered the three day notice the tenant has been duly warned that you will take further action on or about the fourth day. So when you, the landlord, are sure that it’s necessary, then don’t be shy about it. A letter of eviction is your best move, and it will show your tenants that you mean business. Many cases it is much better to hire a 3rd party service for the notice
like us because now they know that you are serious and they can give their sob story to them and expect anything to happen. Our one job is to get the rent or get the non paying renter out of the house as fast as possible.
If they don’t make any arrangements to pay the back rent, then renters
be warned… They are better off just leaving the to stand in front of a judge. Otherwise they get an eviction on the record and they will be evicted.
If you do make an arrangement with your tenant, then be sure to get the whole agreement in writing. Be sure that both of you sign it and date it, and also that you both get a copy of it in case you do, for some reason, end up in a court of law. Remember, as landlord you cannot force anyone to move without a court order to back you up. If you take the tenant or renter, to court for non-payment of rent he will surely lose and be evicted unless he can prove that he did indeed pay the rent in question. To do that he must be able to produce receipts or cancelled checks that show the dates and the landlords signature. Witnesses are also welcome in the court if they can corroborate his story.
Sometimes people get far enough behind
in their bills that they are actually paying last month’s rent at the very time that they should be paying this month’s rent. So as the landlord be prepared to bring a ledger of their payments or payments that where late or missed. With proof of the payment history the judge will almost always render a judgment in your favour. When the tenant pays in cash which is the preferred method give your tenant a receipt with the amount received, the date and your signature.
you must accept the rent if the whole amount is paid within the three-days. At that point the eviction must stop. But if the tenant only pays a part of it, or even the whole thing but after the time limit of the 3-day notice to vacate, you as the landlord can still go ahead with the eviction process. landlord
The courts do not take any excuses into account. Losing a job, having a child, whatever excuse they have will not change the outcome. It all comes down to one thing. If the renters haven’t paid the rent, they will lose and be told
by the court that they must vacate the property. In Hialeah the Miami-Dade court system will enforce the law and not be lenient when it comes to not paying the rent. Get a Hialeah attorney to do the work for you.
The tenant might decide to vacate the house or property before the three days are up. If so then they must be sure to drop off the keys and hand in a signed document saying that they have left the property. That will stop you from proceeding with the eviction but know this that you can still file a civil lawsuit against the former tenant, or send them to collections in order to collect any money that they might still owe you.
If you forget everything else that I’ve written here be sure to remember this one thing. The three-day notice is a very powerful tool. It gives the landlord the opportunity to stop a bad situation before it gets much worse.
advise to you is to let us handle the eviction and make sure that the tenant gets evicted and you get your house back and can place a judgment against them for damages and back rent owed.
The notice of Hialeah Florida will have one of these zip codes: 33002, 33010, 33012, 33013, 33016, 33018.
Call: 305-328-8550 Now for Help in Miami Dade County