September 2022 - Casais & Prias Law

If you are a landlord and you need to evict a tenant, it is important that you familiarize yourself with tenant law in Miami first. Our eviction attorneys offer advice on how to handle this situation.

Different states handle the landlord-tenant relationship differently, so it is important that if you are a landlord in Miami, you understand tenant law in Miami. The eviction process is not complicated but it does need to be followed to the letter if you want to get a tenant off of your property. Here, our eviction attorneys at Casais & Prias offer some highlights of how the eviction process works in Florida.

What Are Some Reasons For Eviction?

Before providing your tenant with a written notice, consider why you want to evict them. You must have cause to evict under Florida’s guidelines. A landlord has cause to evict a tenant for:

Non-Payment

If your tenant does not pay rent on time, the landlord can give the tenant a three-day notice that they need to pay or vacate the property. If neither action is taken in that time, the landlord can file an eviction suit.

End-Of-Lease

A landlord can evict a tenant after a lease has expired by offering a 60-day notice for a month-to-month tenancy in Miami.

Violation Of Lease Terms

When a tenant violates any of the terms of the lease agreement, it is considered grounds for eviction. Some violations, however, allow for corrective action to be taken in order to avoid eviction. Landlords must provide a seven-day notice to allow the tenant time to correct the violation or be subject to eviction.

What Are Curable Violations?

As mentioned above, some violations come with the opportunity to correct the offense and avoid eviction. These violations include, but are not limited to:

Having an unauthorized pet
Having an unauthorized vehicle
Parking in an unauthorized area
Not maintaining a standard level of cleanliness

Tenants have seven days from the date of the notice to rectify the violation. If no corrective action is taken within the seven-day period, the landlord can proceed with the eviction process.

What Are Incurable Violations?

Some violations are more serious and result in no opportunity to correct the offending behavior. These include, but are not limited to:

Damage to the property
Abuse of the property
Illegal activity

What Is The Eviction Process?

Once a landlord has established that they have cause for eviction, the first step is to become familiar with the legal process to evict. Tenant law in Miami is designed to protect tenants from unlawful eviction. But the law also protects landlords which is why knowing your rights will make the process much simpler. If you have any questions along the way, our eviction attorneys can answer them.

Written Notice To The Tenant

This notice may be delivered by the landlord to the tenant in person, via mail, or posted in plain sight on the residence. The length of this notice depends on the rental contract.

Year to year: 60 days
Quarter to quarter: 30 days
Month to month: 15 days
Week to week: 7 days

File An Eviction Complaint

If the tenant does nothing to rectify the reason for eviction, the landlord can file an eviction complaint or lawsuit with the appropriate county. Florida makes it simple to file a complaint using its e-filing portal.

Tenant Is Served Summons And Complaint

Once a complaint has been filed with the county court, the Sheriff’s office will serve the tenant with a court summons and a notarized copy of the complaint. The tenant then has five days to contest the complaint in writing.

Eviction Hearing With Judge’s Ruling

The next step in the eviction process is a court hearing. Both the tenant and landlord must appear and bring any documentation they feel supports their case. If the tenant does not appear, the judge will rule in favor of the landlord.

Sheriff Gives The Tenant A Writ of Possession

If the court rules in favor of the landlord, it will issue a writ of possession. This document will be served by the Sheriff’s office to the tenant who then has 24 hours to vacate the property or be forcibly removed.

Sheriff Returns Possession To The Landlord

After the 24-hour period, the Sheriff can place a padlock on the door and if the tenant has not yet vacated the property, they can be forcibly removed.

As you can see, there are many steps in the eviction process and the rights of the landlord and the tenant must be protected. Knowing the ins and outs of tenant law in Miami will help facilitate a smooth eviction process. For questions or assistance with an eviction complaint, contact our team at Casais & Prias. We are here to help.

The holidays are right around the corner and you may have questions about how to set up a holiday custody schedule in Miami. Our family attorneys are here to answer our most frequently asked questions about holiday time-sharing.

Fall is in the air, the kids are back to school, and the holidays will be here before you know it. For separated or divorced parents, it is time to think about who the children will spend time with over the holidays this year. If you have questions about how to handle a holiday custody schedule in Miami, our team of family attorneys at Casais & Prias is here to help.

In Florida, family courts emphasize a child’s best interests in time-sharing agreements. Parental responsibility aims to give both parents equal rights and responsibilities when making decisions regarding the child. In a divorce, a parenting plan should be part of your time-sharing agreement. And a big part of this agreement is a holiday schedule.

Here are the questions our family attorneys are asked most often regarding arranging a holiday custody schedule in Miami.

What Are My Options For A Holiday Schedule?

Alternating Holidays

A common arrangement for holiday time-sharing is to have the child spend a holiday with one parent one year and the other parent the next year. This schedule works best for longer school breaks like winter break which can last as long as two weeks. Letting a child spend the entire break with one parent allows for a more relaxing time with minimal schedule disturbances.

Split The Holiday In Half

For a longer break, it is also possible to share custody by splitting the time in half. If you choose this arrangement, keep in mind that you may not want your child to spend a whole day traveling.

Schedule A Holiday Twice

If you do not mind celebrating a holiday on a different day, you could choose a day to celebrate. For example, one parent can celebrate Christmas with the child on December 20th, and the other can celebrate on the 25th.

Fixed Holiday Schedule

Another way to handle a holiday custody schedule in Miami is to assign certain holidays to certain parents. This works especially well for holidays like Mother’s Day, Father’s Day, and other holidays that are more important to one parent over the other.

How Does Communication Work During A Holiday Visit?

If you have a highly-structured parenting plan, you may need to specify days, times, and duration of communication with the other parent. This will reduce confusion and conflict because everyone involved knows ahead of time how communication will work.

Without a communication plan, a child may miss speaking to the other parent or the other parent may feel neglected if not allowed to speak to the child.

How Does Long-Distance Custody Affect Holidays?

In Florida, a long-distance parenting plan is used if one parent lives more than 50 miles away from the other parent. This plan has a special section for a holiday custody schedule in Miami and it offers a few options.

Designate certain holidays for one parent – For example, the child spends Thanksgiving with one parent and Christmas with the other parent each year.
Rotating holiday schedule – This plan allows for some flexibility when a holiday like Mother’s Day falls on a weekend that the father is scheduled to have the child.
Travel time – You will need to consider travel days and times when making your holiday custody schedule in Miami so that both parents feel they have adequate time with the child.

The holidays are a time spent with family to relax and make memories. When you establish a holiday custody schedule in Miami well in advance, it will take the stress out of the situation and allow everyone involved to enjoy their holiday.

If you have questions about time-sharing in Florida or need advice on any other family law matter, contact our team at Casais & Prias today. We look forward to working with you.

Month: September 2022

Before You Evict, You Should Know How Tenant Law in Miami Works