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.