4

I heard it's easy to evict a tenant that does not pay the rent in US (at least easier than in Italy).

I heard in 60 days comes the sheriff and kicks the tenant out of the flat. I suppose the landlord needs first to visit a lawyer to apply for eviction.

How much does it cost to evict someone in Miami? Someone who rented your flat and he is not paying the rent because he does not have the money (but he doesn't leave the flat and goes on saying he will pay).

How much does it cost a similar case eviction process in New York City?

Approximately.

Side question: Is it true it takes such a short amount of time to evict someone who does not pay? Obviously if it takes more, it will cost more because I won't receive the rent for a longer time, that's why I'm asking. I'm not looking for anecdotes.

Improve this question
0

1 Answer 1

Reset to default
7

It is very difficult in New York City to evict a tenant. The tenant-landlord laws require that the tenant be taken to housing court. The time between filing a case for eviction and having the case heard is often five to six months. During this time, the tenant is allowed to live in the rental property.

Note that this situation is independent of any rent stabilization or rent control aspects of the lease. If either of those issues are involved, there may be additional complications.

I know that this is true based on first-hand experience. I was the leaseholder in my apartment, and rented out the extra room to a woman who worked with me. Even though we did not have a formal lease agreement, I was still considered her landlord. I consulted with a real-estate attorney in Manhattan, who told me that the situation was no different whether I was a property owner and rented to tenants, or whether it was a sublet/ roommate situation such as what I was doing. Regardless, the entire process of filing and having a hearing in Housing Court was necessary for eviction.

In Florida, as else where, laws vary by county or even at a more local level. I know that the landlord files a notice and arranges for the Marshal's office to remove the tenant. Procedures and law in Miami-Dade County need to be checked on the official county website.

Improve this answer
2
  • 1
    I am pretty sure you have to get a judge to sign the eviction papers in Broward county as well. That process is part of the Florida's Landlord/Tenant Law Chapter 83, Part II - Florida Statutes. See here for a breakdown. It is sort of up to the judge how fast he proceeds but there is a 14 day response time allowed for each filing so a tenant that continues to respond can delay for months if the judge lets them get away with it(which many do).
    – user4127
    Commented Oct 24, 2012 at 15:50
  • @Chad Thank you! My experience with Broward County was awhile ago. Good link!
    – Ellie Kesselman
    Commented Oct 26, 2012 at 13:18

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .