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Evictions

The laws pertaining to residential tenancies are contained in Chapter 83 of the Florida State Statutes. The chapter sets forth the requirements a landlord must meet in order to legally evict a tenant.
 
Notice The purpose of this web page is to provide information on residential evictions for non­payment of rent only. The law, by its very nature, changes periodically. As such, the information contained in the forms referred to herein, may become outdated. It is recommended, even if you are seeking advice from an attorney, that you review authoritative sources (state statutes and related rules of civil procedure) to ensure the forms are accurate and the information is up to date.

Under no circumstances will the Miami-Dade Police Department be liable for any direct, indirect, or consequential damages resulting from the use of this web page.

Clerk of the Courts

Landlord I Tenant eviction packages, which contain forms for use in residential evictions for non-payment of rent, are available at the Clerk of the Courts Office.
 
To file an eviction action, you must provide the Clerk of the Courts Office with the correct number of the following forms, completed in advance:

  • 3 copies: Three Day Notice (one original is enclosed with the package) 
  • 1 Original and 2 copies: Complaint For Removal of Tenant (one original is enclosed with the package) 
  • 1 copy to Tenant
  • 1 copy to Complainant 
  • 1 copy for the Court 
  • 1 Original and 2 copies: Five Day Summons (three are enclosed in the package) 
  • A stamped envelope addressed to the defendant 
  • $185.00 filing fee (Cash, Check, Money Order, VISA/MC) 
  • $40.00 Sheriff's Fee for each service of the Five Day Summons per address (Check, Money Order). You also have the option of hiring a certified process server. The Three Day Notice can either be delivered to the property or sent through the mail. After three days, not including the day the notice is received, the Complaint For Removal of Tenant and the Five Day Summons can be served on the tenant. If the first two attempts are unsuccessful, the documents can be posted on the residence. If the tenant does not vacate the residence or fails to respond to the summons within the prescribed time frame (five days not counting the day of service or posting, or Saturdays, Sundays, or Holidays), you will need a Default Package. It too can be obtained from the Clerk of the Courts Office and contains the following:
    • Affidavit of Non-Payment of Rent (Notarized Original Required) 
    • Non-Military Affidavit (Notarized Original Required) 
    • Motion For Default and Default (Original) 
    • Final Judgment For Removal of Tenant (Original + 2 Copies) 
    • Writ of Possession (Original + 2 Copies) 
    • You must supply two stamped envelopes (one addressed to you and one addressed to the tenant 
    • You must also submit a check or money order for $115.00 made payable to "Miami-Dade County Sheriff." The check must be from a Miami-Dade County banking institution and have your name and address pre-printed on it.
Back to Top Page Last Edited: Wed Oct 17, 2012 11:26:24 AM
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