I completed an eviction today in the city of Miramar Florida. The tenant decided not to pay the rent since the property was in foreclosure. I explained to the tenant that the landlord was doing a loan modification and negotiating with the bank to keep the property. The tenant could not be persuaded to pay the rent or move out so I started the eviction process immediately.

The eviction took 29 days even though the tenant answered the court and tried to present a defense. The tenant was convinced that the judge would allow her to stay in the property rent free for at least six months. The court did not hear her case since no money was deposited in the court registry. We got a default judgment and the Sheriff did the eviction on Monday.

I met the Sheriff at 11:30 am at the property. The Sheriff knocked on the door and identified himself. There was no answer so I opened the door with the key given to me by the landlord. The Sheriff went in and said there was no one inside the property. The tenants left the night before according to the neighbor. The Sheriff placed an eviction sticker at the front door and told us we had possession of the property. He said if the tenants came back inside the premises they would be arrested for trespassing. The city of Miramar Sheriff’s Department did an excellent and a very professional job.

The property was in bad shape. Broken tiles, the carpets were stained and ruined, the refrigerator was broken, there were clothes scatted all over the place, garbage on the floor, the window screens were torn. It looked like a hurricane went through.
We believed the damages were done intentionally by the tenants. I left the premises and the landlord and his wife assessed the damages and started the cleaning and repairs. The landlords thanked me for my services and said they had a relative that also needed my eviction services. The eviction was done very efficiently with very difficult tenants opposing and contesting every step.

It is very important to start the eviction process very early so that the tenants can be out the same month. Do not wait months to start the eviction. Start the eviction as soon as the tenants let you know they are will not pay the rent. Do not give any extensions or make any deals the tenants. It is almost impossible for the tenant to catch up on the rent payment if they are behind more than two months. The eviction process is now streamlined and it is possible to get the tenant out in less than 30 days.

Hector Lesende is owner-licensed real estate broker in Miami, Fl. Serving Miami real estate, Miami Lakes, Coral Gables,  Hialeah,  Miramar, Miami-Dade and Broward Counties. We provide a South Florida Foreclosure List. We are HUD registered brokers. We offer Miami South Florida Eviction Services.

  Today, I received the Final Judgment signed by the judge in an eviction at a rental property in N.W. Miami, Florida. I started the eviction January 02 so it was done in less than 15 days. We went to see the tenant this morning, not from Section 8, and he was home for a change. He has been avoiding me for days. I called many times and wrote him letters but never received a response. I wrote him a letter saying that we not will go after him for the month of January 2009. I offered money to help him move, and a storage place. All I want is possession of the property immediately and we will stop the eviction process and rent the property to a paying customer. The tenant was avoiding me and would not return any of my calls, letters and personal visits. I started the eviction immediately.

This is the time sequence of the eviction process. Any time you can get the tenant out in less than 15 days you are doing everything right.

I got the Final Judgment signed by the judge in less than 15 days. The tenant did not answer the court so he was automatically in default. This is very unusual since most tenants know as much about the court proceedings and motions as any seasoned attorney. Tenants usually not only file an elaborate answer but they include detailed pictures of repairs, damages, hardship. They will try to extend the eviction process as long as possible so that they remain living in the property rent free. This eviction was done very fast without any problems. Luckily my tenant was an amateur at the eviction process and did not answer the court at all.

I went to see the tenant today as a last resort in order to avoid bringing the Sheriff. I showed him the Final Judgment signed by the judge and explained to him the final procedure and explained that the Sheriff was going to come out and his belongings were going to be thrown out in the front lawn. I told him that the eviction would be stopped if he would give me possession of the property immediately.

The tenant gave me the keys to the property and agreed to move out. We signed an agreement and got possession of the property. It is always best to try to negotiate with the tenant but it very important to start the eviction process at the same time just in case the negotiations stall. The Final Judgment signed by a judge is a very persuasive and compelling negotiating tool. This problem was resolved in an amicable and peaceful way and a full eviction was avoided. I got possession of the property and all it needs is minor cosmetic repairs so I can rent back out. The property is a 2 bed 1 bath single family in N.W. Miami. We would like to rent it to a Miami-Dade Housing Section 8 tenant to avoid more eviction problems.

Hector Lesende is owner-licensed real estate broker in Miami real estate. Serving Miami, Miami Beach real estate, Miami Lakes real estate, Coral Gables real estate, Hialeah real estate and Miami-Dade and Broward counties. We offer a South Florida foreclosure list.