Nick Felzen, a Miami attorney, has contributed the information below regarding the eviction process. If you are being evicted from your home due to the divorce process you should consider contacting an attorney who is familiar with landlord/tenant matters.
HOW TO SERVE
THE NOTICES: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 3rd 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
ATTEMPTS TO PAY: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.
CAN THE TENANT FILE BANKRUPTCY AND STOP THE EVICTION:
The Tenant can file a Bankruptcy case at the Bankruptcy Court that automatically stops the Eviction case in its tracks. This postponement or Automatic Stay of the Eviction case will continue until the Landlord’s Attorney files a motion to lift said automatic stay and the Judge gives permission for the Eviction to proceed.
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.
For more information you can visit Nick Felzen's website at http://miamievictionattorney.com