Miami-Dade is processing evictions again. What that means for renters and landlords
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“My client waited half-a-year to file,” said Alexander Almazan, founding partner of Almazan Law, the firm representing the landlord. “He is filing to ensure he gets into the growing line.”
The case underscores a growing dilemma for tenants who have lost income and for landlords with ongoing costs but without the revenue to cover them. Both are caught in the middle of a statewide moratorium on evictions and foreclosures that offers few legal solutions for either.
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Under normal circumstances, landlords begin eviction proceedings against tenants for non-payment by placing a three-day notice on their door informing them of the rent they owe. If the tenant does not respond, the landlord files a formal eviction complaint with the court, which issues a summons to the tenant.
That notice gives them five business days to pay the owed rent into an escrow account before being granted the opportunity to make their case before a judge.
If the tenant does not respond to the summons, the judge issues a Writ of Possession, which grants the Miami-Dade police the power to physically remove the tenant or homeowner from the property, along with their belongings, within 24 hours. But the eviction also means the landlord will not receive the money they were owed. Banks foreclosing on residents for unpaid mortgages follow a similar process.
For landlords with tenants who have not paid rent for months during the moratorium, that lost revenue can be formidable.
Under normal circumstances, landlords begin eviction proceedings against tenants for non-payment by placing a three-day notice on their door informing them of the rent they owe. If the tenant does not respond, the landlord files a formal eviction complaint with the court, which issues a summons to the tenant.
That notice gives them five business days to pay the owed rent into an escrow account before being granted the opportunity to make their case before a judge.
If the tenant does not respond to the summons, the judge issues a Writ of Possession, which grants the Miami-Dade police the power to physically remove the tenant or homeowner from the property, along with their belongings, within 24 hours. But the eviction also means the landlord will not receive the money they were owed. Banks foreclosing on residents for unpaid mortgages follow a similar process.
For landlords with tenants who have not paid rent for months during the moratorium, that lost revenue can be formidable.
As of Aug. 18, a handful of eviction summons have already been served in Miami-Dade, and more are in the pipeline. But what happens after that will be decided by the individual judge presiding on each case, according to Eunice Siegler, spokeswoman for the Miami-Dade circuit court.
David Winker, a Miami lawyer who has been representing tenants facing eviction, said the amendment in DeSantis’ latest order moves Florida closer to the day when cash-strapped tenants and borrowers will be forced to resume monthly payments on their homes.
“It’s still not going to result in people being on the street,” Winker said. “But it’s a step forward to thousands of families being put on the street. You’re basically awaiting the final stage.”
But for workers laid-off for COVID-related reasons or hampered by the disease itself, such requirements make no sense. And lawyers say no one knows how the courts will rule, because no cases have been heard yet.
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THE LANDLORD SITUATION
For landlords, the costs of ongoing uncertainty are piling up. Some — especially those with only a few units — say even if they now can successfully evict non-paying tenants, they likely won’t get back rents owed rents during the last six months.
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LEGAL RESOURCES
Some landlords have already started trying to circumvent the slow legal process via creative — and illegal — means, said Sean Rowley, advocacy director for Legal Services of Greater Miami.
“Even though he has an eviction pending, one landlord went and changed the locks to his unit so the tenant could not get in,” he said. “The tenant hired a locksmith to get back in, but we had to go into court to get an emergency order to make sure the landlord doesn’t do that again. It was filed on an emergency motion for an injunction.”
 Renters who receive a five-day summons should seek legal advice on how to respond or avail themselves of free tools such as the Florida Eviction Answer Interview, which guides users through the process. Tenants who think they are protected by the moratorium and ignore the summons may find themselves out on the street, said Rowley.
“The biggest problem we’re going to see is this rent-deposit statute,” he said “In order for the court to hear your defense, you’re going to need to pay money into the court. A lot of tenants who have been pressured by their landlords over the last few months are not going to be heard because they won’t have the funds.”
Landlords, too, need to shore up their legal plans, say experts. In April and May, when the moratorium started, many landlords were able to work out deals with their tenants, either temporarily reducing their rents or using their security deposits as payment.
But as the COVID closures have dragged on, experts say landlords need to start thinking about the situation as a legal matter.
“It’s a mess,” said attorney Almazan. “In April and May, our message to landlords was let’s be human, let’s sit down and work something out. Now both sides need help. But it’s the landlords who are being left out to dry in the process. These stories are sad, but landlords can’t afford to be emotional. There’s no federal act that is helping them.”
https://www.miamiherald.com/news/business/real-estate-news/article243570437.html