Q: What are the laws for evicting a squatter in Miami? Any guidance you can offer would be appreciated!
We had an oral arrangement with this person in 2011 to live rent free in the house if he would agree to do repair work. Having done none of the work, a few years later we had him sign a one-year lease. He has paid nothing. We haven't pursued eviction until now because of the peace of mind of knowing the house is not being left vacant (it has not been in rentable condition, having substantial physical damage and most of my wife's deceased grandmother's possessions still in it). We now have a cash offer for the house we intend to accept but the buyer wants the squatter out immediately. We live 1,000 miles away from the house, so we cannot stay on top of it - my wife is in the area now and trying to accelerate his departure. He wants 30 days notice, but the buyer cannot wait that long. We also suspect that the squatter is doing deliberate damage to the house because of our efforts to remove him, but we cannot yet prove that. How can we legally hasten his departure?
A: He is not a squatter, he is a tenant who has not paid the rent when due. So give him a 3-day written notice and, if he is not out in that time, sue for eviction.
1 user found this answer helpful
A: The best way to get him out is give him an incentive to get out. Offer him some money and you might gain his cooperation! If you file an Eviction or Ejectment action against him and he decides to fight it, you can be tied up in court waiting for hearing dates. Best of Luck to you!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
