I just bought a house in Miami which has squatters. Can I get them out even with the moratorium?

Yes, you certainly can get him out via the Ejectment process. This is a circuit court cause of action wherein the lawful owner petitions the court to grant a final judgment of ejectment on the squatter and the clerk, in turn, issues a writ of possession. The sheriff serves the writ of possession and executes it to remove the squatter. While the moratorium is still in existence here in Miami Dade County, it does not apply to squatters which means the sheriff’s will physically remove them. The question is whether the owner wants to pay the expedited fee for removal or park in the long cue created by Covid. 

The eviction moratorium post Covid prohibited the sheriff’s department in Miami Dade county from executing writs of possession on any evictions. Consequently, the eviction judgments piled up in the sheriff’s department causing an extreme and unprecedented backlog. As soon as the Mayor of Miami Dade county opened up the prohibition on the sheriff’s and permitted the execution of writs of possession on all eviction/ejectment cases, excluding those for non-payment of rent, the flood gates opened. The sheriff’s department has since created a special task force to deal with all of the writs of possessions they need to execute. If one pays the standard fee of $118 their writ of possession is put in a long cue that could take weeks or months to process. To bypass this wait, one can pay the expedited fee of $1125 to get the person out within a matter of days. In my opinion, if you can, pay the expedited fee because it may be cheaper than waiting for your turn while your unpaid rent keeps increasing.

What Past Clients Say

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I met with several attorneys and I didn’t feel comfortable with any. Marcia walked me through the process and explained everything to me in detail. She was clear and very communicative throughout the ordeal. I recommend Marcia to anyone going through any type of criminal / legal matters.

Jose Martinez 5 March 4, 2019


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