Welcome to Miami Dade Eviction
Free Step by Step Guide to Residential Evictions in South Florida
Established 2008
Free Step by Step Guide, Do it yourself, Residential Eviction Site.
Residential Evictions can be very stressful, difficult, and costly. Evictions are one of the aspects of the rental business that stops many people from becoming Landlords. Unfortunately evictions are part of the rental business. Our mission is to ease that process. We have designed a website that provides you with the residential eviction package and information. A FREE step by step guide for the removal of tenants, the forms, and the meaning of some of the most commonly use terms. We provide information that will help you do residential evictions on your own. We hope we can assist during this difficult and frustrating time.
NEWS ALERT!
STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-180 Limited Extension of Mortgage Foreclosure and Eviction Relief After August 1st.
Disclosure
We are not lawyers and cannot give legal advice or advise on remedies or courses of action.
Under Florida law, a non-lawyer may sell legal forms and kits, engage in a secretarial service by typing forms for customers by copying information given in writing by the customer into the blanks of the form. The kits can contain printed material which explain legal practice and procedure and sample legal forms.
Contact The Florida Division of Consumer Services at 1-800-435-7352 for a copy of the Florida Statute (Chapter 83) and/or a brochure on the Florida Residential Landlord/Tenant Act.
Under no circumstances Miami Dade Eviction or any of its associates be liable for any direct, indirect, or consequential damages resulting from the use of this website.
Eviction Process
Step by Step:
The First step on an residential eviction process for non-payment in Florida is to provide the tenant (person renting the property) with a three (3) day notice . Do not count the day the three (3) day notice is delivered to the tenant as your first day (exclude Saturday, Sunday, and legal holidays).
1. Make one original and three copies, give the tenant one of the copies and keep the rest for the Civil Court. The delivery of this written notice may be by mailing or delivering a true copy to the dwelling unit, or, if the Tenant is absent from the dwelling unit, by leaving a copy of the notice at the dwelling unit. In the case you are unable to contact the tenant, then the three (3) day notice could be left at the mailbox.
Note: After the delivery of the three (3) day notice (and the three days have passed), then the Landlord may proceed to the Civil Court to open the case.
Example 1: Rent is due on the 5th day of the month which is a Friday, landlord delivers the notice that same day. Start counting Monday the 8th as the first day and Wednesday the 10th as the last day, but don't go to court until Thursday the 11th (the three days have passed).
Note: If more than one person lives at the property, write the name of the main person and " and all others" next to the name on every document.
Example 2: Under Defendant write: John Doe and all others
The Second step is to go to the Civil Court (Court location depends on where the property is located). The Court requires the following forms:
1. Three copies: Three-Day Notice (one original is enclosed with the package).
2. One original and two copies: Complaint for Removal of Tenant (Court keeps one copy, sends one to tenant, and gives one back to Landlord).
3. One original and two copies: Five-Day Summons.
4. A stamped envelope addressed to the defendant (person renting the property).
5. A check for $195.00 made out to "Clerk of Courts" for filing.
6. A check for $40.00 made out to " (Enter County) County Sheriff " for the serving of the documents (delivery of the papers to the property).
7. Due to COVID-19 a Declaration Form for VERIFICATON OF APPLICABILITY OF SECTION 4024 OF THE CARES ACT IN RESIDENTIAL EVICTIONS FOR NON-PAYMENT OF RENT (DECLARATION UNDER PENALTY OF PERJURY) must be submitted.
Note: Wait 5 working days (exclude Saturday, Sunday, and legal holidays) and if there are no indication of payment then proceed to the next step.
The Third and last step is to go back to the Civil Court with the following forms:
1. Landlord and Tenant Affidavit of Costs, Non-Payment of Rent and Non-Military Affidavit, Motion for Default and Default (notarized original required).
2. Final Judgment for Removal of Tenant (original + two copies).
3. Writ of Possession (original + two copies).
4. Two stamped envelopes (one addressed to you and one addressed to the tenant).
5. A check or money order for ($115 Dade, $90 Broward and Palm Beach) made payable to "(Enter County) County Sheriff". (The check must be from a County banking institution and have your name and address pre-printed on it).
6. Check with the court clerk if the Tenant has answer the complaint, if they have, then you will need to submit a Motion For Order Striking Answer and Entering Default and an Order Striking Answer and Entering Default as well (see under Forms Tab on top). No date is set for Hearing (Going to Court to present the case before the judge) if the tenant does not answer the complaint, does not deposit the correct amount of money with the court, or if the landlord gets a default judgment.
Note: All checks must be from a County banking institution and have your name and address pre-printed on them.
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Commonly use terms
Eviction
Plaintiff
Plaintiff
An eviction is when a landlord forces a tenant to move out.
Plaintiff
Plaintiff
Plaintiff
Landlord, Owner of the property seeking the eviction (Person(s) filing the lawsuit).
Defendant
Plaintiff
Defendant
Tenant in possession of the property (Person(s) the lawsuit is filed against).
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