KEY BENEFITS OF USING AN ATTORNEY:

The Law Offices of Nicholas Felzen, P.A. can provide you with a Miami Real Estate Attorney to review the lease and all the facts concerning any lease violation. This office will prepare all statutory notices and prepare all pleadings and motions to pursue the eviction.

While Landlords or Property Managers can handle the eviction process without a lawyer, it is not advisable to do so; (please note that some Courts require Corporate Entities be represented by counsel).  The Eviction process has very specific rules and procedures that need to be followed 100% to successfully remove a tenant. If not handled correctly, the eviction can take a much longer time to complete or may even be dismissed. The resulting delays can be much more costly to the Landlord than hiring a lawyer to properly handle the matter.

HOW TO SERVE

The Landlord or Property Manager may either hand the Notice to an adult who lives at the property and is named under the lease OR Post the Notice on the door of the property.

A proper 3 day Notice is crucial to a successful Eviction Action. Make sure to address all adult occupants under the lease in the Notice. Date the Notice on the day that you serve it. Fill in the exact amount of Rent owed. Fill in the expiration day but remember that the Notice does not count the day of delivery and will expire on the 3^rd business day which excludes Saturdays, Sundays and Legal Holidays. Remember to fill out the Certificate of Service upon posting the Notice. Copy the Notice and keep the Original in your files. Post the Copy of the Notice on tenant's door. 

IF THE TENANT

The Tenant has the absolute right to pay you the FULL amount of rent due within the time frame of the 3 business day notice. You must accept the rent if it is offered to you within the 3 day period and if it is a FULL payment offer. If the 3 day time period expires or it’s only a partial payment offer, you can refuse the rent payment offer. Please note that once payment is accepted, landlord may have waived his rights to evict the tenant until the next non-payment period.

HOW TO PLACE CLAIM ON SECURITY DEPOSIT:

Upon the Tenant’s vacating of the premises for termination of the lease, if the Landlord intends to impose a claim on the Security Deposit, the Landlord shall have 30 days to give the Tenant written Notice by certified mail to the Tenant’s last known mailing address noticing the Tenant of the Landlord’s intention to impose a claim on the deposit. 

So call your Miami and Broward Eviction Attorney now for landlord/tenant issues, evictions and tenant's security deposit issues. 

LANDLORDS NEED TO BE AWARE OF FLORIDA STATUTE 718.116(11): 

If the Landlord owns a property in an Association, and if the Landlord is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay the future monetary obligations related to the condominium unit to the association, and the tenant must make such payment...A tenant who acts in good faith in response to a written demand from an association is immune from a claim for non-payment of rent from the unit owner.

TITLE VII-PROTECTING TENANTS AT FORECLOSURE ACT:

Renters in good standing have been evicted from properties in foreclosures with little or no notice in violation of their leases. To address this problem, the Protecting Tenants at Foreclosure Act was passed in order to protect tenants in foreclosure. Call the Law Offices of Nicholas Felzen, P.A. for help on these matters. 

Call the Law Offices of Nicholas Felzen, P.A. for questions/consultations regarding the Miami Eviction Process and the Broward Eviction Process.