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Miami Real Estate - 5 Steps of When to Evict

 
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Hector Lesende

All landlords in the Miami real estate market must be able to know when and how to do an eviction. Being a landlord is today's market is a full time job. The landlord must follow all the rules and must act quickly for time is of the essence. A landlord must know when to evict. Allowing the tenant to live in the property rent free is unaffordable and devastating. Delaying an eviction and giving a bad tenant more time is a very costly mistake that should be avoided. The landlord must realize that when to evict is just as important as how to evict. Landlords must follow the 5 steps of when to evict so that a bad tenant is ejected.

These are the 5 Steps of When to Evict in Miami real estate.

Never allow the tenant to do the following:

1. Non-payment of rent - The landlord must evict immediately when the tenant does not pay the rent. The more you wait the worst it is later and the more money you lose. The landlord can not hesitate and must evict right away. The landlord can't waste any time and must give the three day notice before the 5th of the month. This will reduce the amount of time the tenant is in the premises without paying the rent. Tenants will use any excuse not to pay the rent and if allowed they will remain in the property for months rent free in the Miami real estate market.

2. Late payments - Evict a tenant if they continuously pay rent late and they refuse to pay a late fee. It is all right for a tenant to be late once in a while as long as a late fee is collected. If the tenant is constantly paying rent and near the end of the month is time to get another tenant in the Miami real estate market. The pattern of paying late is intolerable, time consuming and a waste of time and money for the landlord. The landlord must realize that an eviction is inevitable and it is better to do it sooner than later.

3. Withhold rent - When the tenant withholds the rent money until the landlord does repairs to the premises you must evict right away. Tenants will try to withhold rent until they get their way. Usually the excuse is that not all repairs have been completed. Tenants will take pictures of the repairs to be made. The landlord is obligated to do any repairs in order to get the tenant to pay the rent. This form of blackmail in the Miami real estate is not to be allowed. The tenant should not use withholding of rent as a tool for negotiating repairs. The tenant should not force the landlord to do unnecessary and arbitrary repairs.

4. Deduct rent - Evict when a tenant decides to deduct repairs from the monthly payments. The tenant must always pay full rent as agreed. Tenants will buy a brand new stainless steal refrigerator and then deduct form the rent. Tenant is not allowed to deduct any portion of the rent for repairs, improvements, appliances or any other reason. The rent in the Miami real estate market should be separated from the property repairs. Repairs must be approved and paid by the landlord at all times. The tenant should not decide which repairs are to be done and when to do them. The tenant can not make repairs first and then advice the landlord he/she will deduct the repairs from the rent.

5. Live the deposit - Start an eviction immediately when the tenant advises you that he/she is not paying rent and will live the deposit. Living the deposit is unacceptable and against the law. The problem is that the landlord does not know for sure if the tenant will in fact leave the premises when the deposit is gone. It is not unusual for the tenant to stay in the property and try to live subsequent months for free. Do not allow the tenant to live the deposit under any circumstances. The deposit is returned to the tenant in the Miami real estate market usually 15 days after the tenant leaves the premises and the landlord has an opportunity to inspect. The landlord will deduct from the security deposit any funds used to repair the property.

The landlord must follow the five steps of when to evict in the Miami real estate market and take action immediately in order to avoid a potential nightmare. Don't keep a bad tenant in the property just so the place won't be vacant or just because it will be hard to rent. It is always better to rent the property to someone else who will pay the rent on time and take care of the property. Screening the tenant is an essential step in the renting process. Eliminating a bad tenant who is in the practice of, not paying the rent, making late payments without paying late fees, withholding rent until repairs or other demands are made, deducting the repairs from the rent, and living the deposit, is a must for today's landlords. Identifying bad tenants and eliminating potential problems is essential in order to succeed as a landlord in the competitive Miami real estate market.

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Hector Lesende is owner/licensed real estate broker in Miami, Florida. Please visit Miami Real Estate We will sell your home fast. We offer a Foreclosure List. Search Miami Real Estate Blog Search Coral Gables Real Estate

Article Tags: landlord [See Dictionary], rent [See Dictionary], tenant [See Dictionary]
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Article published on November 27, 2008 at Isnare.com
 
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