Landlords have various rights under state law, as well as certain responsibilities to their tenants. If you are a landlord facing issues with a tenant, your first step should be to clearly communicate with the tenant, outlining the problem and providing a reasonable timeframe to address it.
If these communications fail, it may be time to speak with an attorney about asserting your landlord rights in Miami by taking legal action. If you are facing a complex or escalating tenant dispute, a landlord-tenant dispute lawyer could provide legal advice on navigating landlord-tenant laws, ensure compliance with state and local regulations, and represent you in negotiations or court proceedings.
Landlords in Miami have several rights, including the right to collect rent, evict tenants, and enter the property (provided certain notice requirements are met). If tenants are refusing to pay rent, for example, the landlord can pursue legal action.
Landlords are able to evict tenants, but only if they have just cause to do so. Just cause can include failure to pay rent or other lease violations. While landlords can enter the property for maintenance, inspection, or showings, they must give tenants a certain amount of time between notification and entering the property.
Landlords are also permitted to set rental rates and terms for collecting rent. If the lease agreement allows it, they can charge late fees. When a landlord plans to enter the property, they must provide at least 12 hours’ notice for repairs. In the case of property showings, they should provide the tenant with 24 hours’ notice.
Landlords must also meet several obligations, including maintaining the rental property in a safe and habitable condition, making necessary repairs promptly, and complying with building codes.
A Miami attorney could help protect a landlord’s rights and navigate disputes as smoothly as possible while seeking any necessary restitution, such as monetary damages. They could draft a detailed lease that protects the landlord’s property investment and helps avoid potential disputes down the line. Legal representation could also provide guidance on how to handle lease violations, such as non-payment of rent, property damage, or security deposit disputes.
Landlords can take legal action to remove tenants who do not pay rent or violate the lease. If necessary, a lawyer could help landlords understand when and how to proceed with evictions and officer court representation.
The process can involve providing written notice that states the reason for eviction and the time frame for correcting the issue, filing a complaint, and serving the tenant with a summons. If the tenant does not rectify the issue and the court rules in the landlord’s favor, the tenant will be given 24 hours to vacate the property.
Don’t go it alone – an attorney like Jacqueline A. Salcines, who has extensive experience defending landlord rights in Miami, could analyze the lease contract in question to determine if a tenant is violating its terms and advise on potential legal options. Legal counsel could also guide landlords through the proper legal process for evicting a tenant for non-payment of rent or other lease violations, while facilitating communication with the tenant to reach a mutually agreeable resolution before escalating the case to court.
However, a lawyer could protect your legal interests and aggressively advocate for your rights if real estate litigation becomes necessary. Get in touch with Jacqueline A. Salcines, P.A. today.
Jacqueline A. Salcines
N/a
