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Knowledge Base - Articles
MIAMI EVICTION NOTICE FOR USE IN MIAMI-DADE COUNTY FLORIDA
Serve Your FREE Eviction Notice Today! You can obtain a free copy from the local clerk of court or you may wish to use a blank copy of the Florida Three-Day Notice to Pay Rent or Vacate for use in Miami-Dade County, Florida as provided by My Florida Eviction™ below;
TIPS FOR COMPLETING YOUR EVICTION NOTICE:
Who to name on the notice: Name all persons named on the lease and any others known to be residing in the subject premises as cited in the 3 Day Notice. Do not name minors on the notice.
What amount to demand in the eviction notice: You must state the amount of RENT due on the notice. Do not include any item that is not “rent” as defined in the lease, i.e., late fees, utilities, security deposit, unspecified fees, attorney’s fees, court costs, or sheriff’s fees in the rent due.
* A valid notice is a condition precedent to filing an eviction complaint. Therefore if your notice is deemed defective, your case could be dismissed by the court! – Learn More
When can to serve the eviction notice: The 3 Day Notice can not be served before the rent is past due, i.e., if the rent is due on the FIRST, you cannot serve the notice before the SECOND.
* Note that a grace period before a late fee is imposed does not mean that the rent is not late, so you do not always have to wait until the expiration of grace periods before serving the 3 Day Notice.
* Check the wording of the lease carefully.
Post the notice on the door if possible; do not mail the notice, unless you retain proof of delivery such as certified mail, return receipt requested. If you cannot post or deliver the notice personally; you may wish to hire a professional process server/agent to post it, such as My Florida Eviction™.
Calculating the 3 days: You must write the due date on the notice. The three days are days that court is in session in the county the property is located in, not counting the day the notice is delivered. Example of calculating the 3 Days: Rent is due Thursday January 1, 2014. The rent is late on Friday January 2, 2014 and a 3 Day Notice may be issued that day. Weekends do not count, so the 3 days would actually be Monday, Tuesday, and Wednesday. Therefore the due date is Wednesday, January 7, 2014.
Check with the local Clerk of Court for your county as each county celebrates different holidays.
A holiday schedule for the following counties are provided on our website via the following link;
Fatal Errors: The 3 Day Notice is the document recognized by the courts in Miami-Dade County that actually terminates a tenancy; and is a condition precedent to bringing forth an action for eviction.
* So you can not prevail in an eviction until you have served the tenant a property completed 3 day notice. Until July 1, 2013 a defective notice would result in the dismissal of the case.
The new law suggests that the courts may allow the landlord to re-serve an amended 3 day notice; but this will still undoubtedly delay your case.
COMMON MISTAKES ON A 3 DAY EVICTION NOTICE IN MIAMI-DADE COUNTY:
+ Failure to state that Weekends and Holidays are excluded in the three days
+ Failure to state the amount of rent due
+ Including fees that are not rent in the amount claimed
+ Failure to include landlords name and address and phone number
+ Using a PO box as the landlord address; and not adding time
+ Using a different county address out-side of Miami-Dade; and not adding time
What if the tenant pays rent due: Once the 3 Day Notice has been posted the tenant has until close of business on the due date to bring the rent to the landlord address on the notice. If the tenant tenders the full amount of the rent during the 3 days the landlord must accept the payment. The landlord may demand payment in certified funds though.
* If Landlord accepts any rent after 3 day notice, the three day notice is cancelled and a new one must issue before an eviction can be filed. The landlord may not hold a tenant’s tender of rental payment without being deemed to have accepted payment.
Acceptance of a check that bounces is still considered an acceptance of payment, which means a new 3 Day Notice would have to be issued after acceptance of a bad check.
The landord may reject a partial payment. If the landlord accepts a partial payment, the landlord has to issue a new 3 Day Notice for the balance. It is usually best to accept whatever payments you can get and keep issuing 3 Day Notices for the balance due.
My Florida Eviction™ offers FREE eviction notice/forms, web-based services online as a convenient resource to Florida landlords to quickly retrieve statutory notices used in the Florida eviction process. You may use any of the forms provided on this page for download at any time free of charge.
My Florida Eviction™ can provide quality eviction related services for the entire Miami-Dade County area. We can assist landlords and real estate professionals in Miami, Florida with non-attorney document preparation and other local eviction related support services.
– A key partner in your next eviction!
Contact us today to speak to someone about our Miami-Dade County Eviction related services available in Miami, Hialeah, Kendall, and Coral Gables, Florida.
MIAMI FLORIDA EVICTION PROCEDURE FOR RESIDENTIAL LANDLORDS
EVICTION FOR NON PAYMENT OF RENT, INCLUDING DAMAGES IN MIAMI FLORIDA
The laws of Florida and most states are subject to change. Please see the current Florida Statutes, specifically Chapter 83 of Florida Statutes found here. This chapter is the definitive law in Florida on residential evictions.
The current filing fee in the State of Florida for a residential eviction in Miami-Dade County is $185.00 and is payable in the form of cash or check at the time of filing of the complaint for eviction with the Miami-Dade county Clerk of Court. A fee of $10.00 per party is charged for each Summons issued by the clerk. This fee is also payable to the Miami-Dade county Clerk of Court.
The Clerk will also require pre-paid; self-addressed envelopes for mailing of the complaint to each defendant named in your action. Fees are subject to change by Florida legislation and the Miami-Dade County Clerk of Courts.
Florida evictions typically involve a two-count complaint; one for possession of the property and one to recover monetary damages.
+ You may file a complaint that includes a count for possession only;
+ Or you may file a complaint that includes a count for possession as well as damages;
A Summons for simple possession of the property requires one form and service of the Summons for damages requires a different form. The Summons may be served separately or together.
If you are filing for simple possession of the property then the Summons is known as a five day Summons—because the tenant has five days to respond to the complaint. If you are filing a complaint that includes a count for damages (past due rent or other damages) then the Summons is known as a twenty day Summons—because the tenant has twenty days to respond. Five day summons may be posted on the property on the third attempt at service, should the first two attempts at service fail. A twenty day Summons must be personally served upon the defendant.
Example: The tenant is not at home at the first attempt at service. The second attempt must be six hours after the first attempt. If the tenant is not home at the second attempt the third attempt can be ten minutes later and the Summons may then be posted conspicuously upon the property—generally affixed to the front door. At some time thereafter the tenant may be personally served with the twenty day Summons which includes the complaint for damages. In this example the complaint for possession of the property can move forward so that the landlord may regain possession of the property at the earliest possible time.
Below I’ve outlined a detailed review of the Florida eviction process for self-represented landlords in Miami, Florida.
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STEP ONE: THE THREE-DAY EVICTION NOTICE
Prior to filing a Complaint to recover possession, a landlord must serve a Three-Day Notice. The Three Day Notice is one that demands payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. Only after the expiration of the time period on the Three-Day Notice may you proceed with filing the Complaint. You do not count the day that you post the Notice. Be careful as to the counting of the days. The Three Day Notice may be posted on the door or given to the tenant. The method of service must be noted on the Three Day Notice
STEP TWO: THE COMPLAINT AND SUMMONS
Prepare Complaint: You must prepare the Complaint according to the instructions given in this tutorial. The landlord shall file the original Complaint and enough copies of the Complaint for each tenant with the Clerk. You must attach a copy of the Three-Day Notice and a copy of the lease, if one exists. You must also attach a copy of the notice and lease to each copy of the Complaint. Some jurisdictions require that the complaint be signed in front of the clerk or be notarized. Upon filing ask the Clerk for the courtroom number and the phone number of the judge (and his or her assistant) assigned to your matter. You will need these numbers.
Issuance of Summons: After the Complaint is filed and the proper fee paid, the Clerk will issue an Eviction Summons/Residential. You may also prepare the Summons using the forms found on our website. A copy of the Complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Sheriff or a private process server can serve the Summons. The clerk will ask you your preference as to Service.
* The Sheriff fee for service is generally $20.00–$40.00 but is subject to increase. A private process server may charge $40.00 more but could also be faster, and provide more related judicial services, which is an advantage in any eviction.
* Some jurisdictions require that you personally deliver the Summons to the Sheriff’s Office, which can be an additional time consuming task. My Florida Eviction™ also specializes in fast and effective judicial service of process for both Residential and Commercial Evictions! We not only serve the Three-Day Notice along with the Eviction Summons and Complaint, we provide non-attorney legal document preparation services by our qualified LDP’s to help self-represented landlords in Miami, Florida type complaint forms, prepare court Motions for Entry of Default, Motions for Entry of Final Judgment, Writ of Possessions, and More! At your specific request; My Florida Eviction™ can assist landlords with the preparation and service of court ordered Stipulation Agreements and Motions for Entry of Final Judgment due to Non-Compliance with Stipulation Agreements.
Certificate of Mailing: Most jurisdictions will require that you bring enough stamped envelopes for each tenant for mailing of the complaint by the Clerk to the tenant. This is to insure that the tenant receives the complaint regardless of service of process. Certificate of Mailing.
STEP THREE – ADJUDICATION BY THE COUNTY COURT
Answer by Tenant to a Five Day Summons: The tenant has five days (exclusive of Saturdays, Sundays and holidays) after service of the Summons to file an answer. There are three or four usual scenarios:
1. DEFAULT–Tenant Does Not Respond. File a Motion For Default for issuance by the Clerk. The Clerk is authorized to enter a Default at the end of five days after service is obtained upon the tenant. After the Clerk’s Default is obtained file a Motion For Final Judgement of Possession accompanied by an Order for Final Judgement For Possession. None of this should require a hearing but you must continually check with the judge’s assistant or the Clerk to see if your matter has been concluded. The judge should sign the Order in chambers. Upon receipt of the Order for Final Judgement For Possession from the Judge the Clerk will prepare or you will give the clerk for preparation a Writ of Possession. That Writ of Possession must then be taken to the Sheriff for execution. The fee is currently $90.00 for execution of a Writ of Possession. Generally, the Sheriff takes two or three days to serve the Writ. The Writ must be posted to the door of the property and gives the tenant 24 hours to vacate. Some jurisdictions (notably Miami-Dade County) do not count the day of service and begin the 24 hours after midnight on the day of service thereby allowing the tenant more that 24 hours. Additionally, the Sheriff’s offices are swamped with evictions in the larger counties due to the foreclosure issues. You must be vigilant in contacting the sheriff and getting your Writ served timely. You must also furnish the Clerk with pre-addressed stamped envelopes to the tenant(s) and yourself for mailing of the conformed copy of the Final Judgment.
2. The tenant files an answer without any payment of rent. If the tenant does not deposit the amount of rent as stated in the complaint into the Court Registry or does not file a Motion for Determination of Rent then the Court is bound to issue a default against the tenant and in favor of the landlord. If the tenant does not deposit any rent some jurisdictions will require a Motion To Strike Defendant’s Answer prior to issuance of a default. File the Motion To Strike Defendant’s Answer accompanied by an Order Striking Defendant’s Answer and continually monitor the judge’s assistant to get the Order signed. After the Order Striking Defendant’s Answer is signed follow the steps above in #1.
3. The tenant files an Answer and pays some rent. You must then file a Motion To Determine Rent, set a hearing and prove to the judge that the tenant has failed to pay the rent as due. Step four then governs.
4. The tenant files an Answer and a Motion To Determine Rent. If the tenant does not deposit the amount of rent as stated in the complaint into the Court Registry or file a Motion for Determination of Rent then the Court is bound to issue a default against the tenant and in favor of the landlord. A Motion for Determination of Rent is a motion by the tenant that generally claims that some rent is due but not the amount that the landlord claims. A hearing must be set by contacting the judge’s assistant. It is in the best interests of the landlord to set that hearing as soon as possible as the landlord is trying to regain possession as quickly as possible. Be prepared at the hearing to document that the amount of rent as claimed in the complaint is proper. The judge will then decide the amount of rent due and will give the tenant a specific period in which to deposit the rent into the court registry. Make sure that you ask the judge to issue a default immediately upon expiration of the time period if the defendant does not deposit the full amount of the rent into the Court Registry. If the defendant pays the amount of rent as set by the judge then you have a battle on hand but at least you can collect the rent. If the tenant does not deposit the amount of rent as directed by the judge then the judge will issue a default and you must then file a Motion For Final Judgement of Possession accompanied by an Order for Final Judgement For Possession. After that Order is signed follow the steps in #1 for the Writ of Possession. Sometimes tenants file an answer without any payment of rent.
My Florida Eviction™ has several helpful inexpensive eviction packages available for immediate download, here.
DO-IT-YOURSELF EVICTION DOCUMENTS IN MIAMI FLORIDA
Create, Customize and Print a complete residential eviction package for use in Miami-Dade County Florida in minutes! You get more than 20 pages of legal documents already completed and ready for filing, along with instructions on preparing, filing and processing your entire eviction.
* The following DIY Eviction Package offered by My Florida Eviction™ is designed for evicting RESIDENTIAL tenants for NON-PAYMENT of RENT only.
My Florida Eviction™ is not responsible for any errors or omissions in your documents, and is not an interested party in your action. My Florida Eviction™ is not able to choose your cause of action or advise you of your right to file the eviction. It is your responsibility to proof ALL documents and bring any discrepancies or typographical errors to our attention so that we may promptly address them PRIOR to you filing your case with the court.
* We are able to make any corrections desired at any time BEFORE you file your case with the court.
If you need to evict a commercial tenant or evict a residential tenant for any other reason other than non-payment of rent, please visit:
THE GOAL: GET YOUR PROPERTY BACK!
The longer your delinquent tenant occupies your property; the more money you lose! Use My Florida Eviction™ DIY services to evict your tenant fast! Do-it-Yourself with our easy form wizards, email reminders and online web-based resources.
DOCUMENTS ON DEMAND
With My Florida Eviction™ – You have FAST “Documents on Demand” access that’s as easy as click and print anytime you need eviction related documents throughout the course of your eviction.
You answer a few simple questions; we automatically prepare the documents you need. We give you detailed instructions on County court procedures, eviction flowcharts, and mailing guides, and more! This will allow you to understand exactly what they are and know just what to do with them when needed. The document wizard and status reminders will keep you informed step-by-step.
ONLY PAY $34.97 FOR EVERYTHING YOU NEED!
Whether your tenant leaves after the notice, or you need to sue. Why should you pay for more? With our one price for all, you never have to! No matter what the circumstances, you have all the legal documents to get your tenant(s) out. Put My Florida Eviction™ on your side. – A key partner in your next eviction!
FLORIDA RESIDENTIAL EVICTIONS MADE EASY!
Do you need to evict a RESIDENTIAL TENANT for non-payment of rent in ANY county in Miami-Dade County court in Miami, Hialeah, Kendall, and Coral Gables, Florida? With the My Florida Eviction™ DIY simple process you will have all the Court ready forms necessary to remove your unwanted tenant fast!
You fill out ONE simple form online and My Florida Eviction™ will prepare ALL documents needed; professionally prepared and ready for you to quickly file eviction in Miami-Dade County, Florida!
If you’ve bought the eviction package from your local courthouse, I’ll bet you don’t understand how to fill out half of it. We have taken all the guess work out of it. You don’t have to fill in all the blanks; the wizard will do it for you! Whether you are an individual, corporation, LLC or property manager, we have made your eviction process easy to complete and understand.
THE COST? $34.97, AND THIS IS WHAT YOU GET FOR YOUR MONEY:
+ FULL Instructions and Professionally Completed Documents
+ A Flowchart Diagram (showing you how, and in what order to assemble all documents)
+ Summons, including French/Spanish Translation (required in some counties)
+ Civil Cover Sheet
+ Complaint for Eviction and Damages
+ ALL Motions for Default
+ Affidavit as to Non-Military Service
+ Motion for Final Judgment for Possession
+ Final Judgment for Possession (Court order to remove tenant)
+ Writ of Possession (for Sheriff to remove tenant)
+ Stipulated Settlement Agreement
+ Order for judge to approve Settlement Agreement
+ Affidavit of Default for Not Paying under the Settlement Agreement
+ Affidavit as to Money Owed
+ Final Judgment for Money Owed
LEARN MORE ABOUT A FREE 3-DAY EVICTION IN MIAMI BELOW
3-Day Notices are available via the following link:
Use My Florida Eviction™ DIY services to evict your tenant fast! Do-it-Yourself with our easy form wizards, email reminders and online web-based resources.
My Florida Eviction™ is an independent, non-attorney web-based service dedicated to assisting landlords with residential evictions, and providing cost effective eviction solutions. Processing your eviction through My Florida Eviction™ will prove to be invaluable to even the most experienced landlord.
* Court filing fees and process server fees not included.
* Our fee is for professional document preparation ONLY.
Information for New Customers: email@example.com
>> Visit Our Frequently Asked Questions (FAQ) Page Here