Miami Dade Eviction

State:
Florida
County:
Miami-Dade
Control #:
FL-EVIC2-PKG
Format:
Word; 
Rich Text
Instant download

Description miami dade eviction package

This package contains the notices required by state law to be provided to a tenant before an eviction complaint is filed in court. The package contains a variety of notices, so that a landlord may select the one required under the circumstances involved and applicable statutory requirements. The following forms are included:



3 Day Notice to Pay Rent or Lease Terminated for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 3 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 3 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



3 Day Notice to Pay Rent or Lease Terminated for Nonresidential or Commercial Property - This form is used by a landlord to demand payment of overdue rent from a non-residential tenant within 3 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement).



7 Day Notice of Material Noncompliance with Lease or Rental Agreement - Residential - 7 Days to Cure from Landlord to Tenant - This form is used by the landlord to notify a residential tenant of a breach of the lease due to material non-compliance with the lease provisions. "Residential" includes a house, apartment, or condo. The specific material non-compliance is identified, and the tenant is given 7 days to cure the breach or suffer termination.



Notice to Terminate Month-to-Month Lease - Nonresidential - 15 Days Notice from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month, unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 15 days notice is required prior to termination in this state. The notice must be given to the Tenant within at least 15 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



Notice to Terminate Quarter-to-Quarter Lease - Nonresidential - 45 Days Notice from Landlord to Tenant - This form is used by the landlord to notify the tenant of the termination of a quarter-to-quarter lease (one with no set expiration, but which continues from quarter to quarter until the landlord or tenant decides to terminate the lease). This form must be served at least 45 days prior to the end of the current quarter.


Miami-Dade Florida Landlord Notices for Eviction / Unlawful Detained Forms Package provides essential legal documents required by landlords in Miami-Dade County to initiate the eviction process and address unlawful detained situations. These comprehensive packages include various types of notices designed to notify tenants about the violation of lease terms and the subsequent legal actions that may be taken. Some different types of Miami-Dade Florida Landlord Notices for Eviction / Unlawful Detained Forms Packages include: 1. Notice to Pay Rent or Quit: This notice informs tenants that they must pay their outstanding rent or vacate the premises within a specified timeframe. Failure to comply may result in an eviction lawsuit. 2. Notice to Cure or Quit: This notice is used when tenants violate non-financial lease terms, such as violating pet or noise restrictions, unauthorized occupants, or illegal activities. It notifies tenants to rectify the violation within a given period or face eviction. 3. Notice of Termination: This notice is used to terminate the tenancy altogether, typically due to severe lease violations or repetitive breaches. It informs tenants that they must vacate the property by a specific date to avoid legal action. 4. Unlawful Detained Complaint: In cases where tenants refuse to comply with eviction notices, landlords can file an unlawful detained complaint with the court. This document initiates the legal proceedings seeking the removal of tenants from the property and any unpaid rent or damages. 5. Summary Eviction: In urgent situations where there is an immediate threat to health, safety, or property, landlords can file a summary eviction. This expedited process seeks to remove tenants swiftly without a lengthy court process. Miami-Dade Florida Landlord Notices for Eviction / Unlawful Detained Forms Packages assist landlords in following the correct legal steps to regain possession of their property and resolve tenant disputes. These packages ensure compliance with the specific laws and regulations of Miami-Dade County, providing landlords with the necessary tools to navigate the eviction process efficiently.

Miami-Dade Florida Landlord Notices for Eviction / Unlawful Detained Forms Package provides essential legal documents required by landlords in Miami-Dade County to initiate the eviction process and address unlawful detained situations. These comprehensive packages include various types of notices designed to notify tenants about the violation of lease terms and the subsequent legal actions that may be taken. Some different types of Miami-Dade Florida Landlord Notices for Eviction / Unlawful Detained Forms Packages include: 1. Notice to Pay Rent or Quit: This notice informs tenants that they must pay their outstanding rent or vacate the premises within a specified timeframe. Failure to comply may result in an eviction lawsuit. 2. Notice to Cure or Quit: This notice is used when tenants violate non-financial lease terms, such as violating pet or noise restrictions, unauthorized occupants, or illegal activities. It notifies tenants to rectify the violation within a given period or face eviction. 3. Notice of Termination: This notice is used to terminate the tenancy altogether, typically due to severe lease violations or repetitive breaches. It informs tenants that they must vacate the property by a specific date to avoid legal action. 4. Unlawful Detained Complaint: In cases where tenants refuse to comply with eviction notices, landlords can file an unlawful detained complaint with the court. This document initiates the legal proceedings seeking the removal of tenants from the property and any unpaid rent or damages. 5. Summary Eviction: In urgent situations where there is an immediate threat to health, safety, or property, landlords can file a summary eviction. This expedited process seeks to remove tenants swiftly without a lengthy court process. Miami-Dade Florida Landlord Notices for Eviction / Unlawful Detained Forms Packages assist landlords in following the correct legal steps to regain possession of their property and resolve tenant disputes. These packages ensure compliance with the specific laws and regulations of Miami-Dade County, providing landlords with the necessary tools to navigate the eviction process efficiently.

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How to fill out Miami Dade Eviction Forms?

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detainer evict miami dade FAQ

Initial Filing Fees Filing TypeCostTenant eviction with no damages (Non-Monetary)$185Tenant eviction with damages up to $15,000$300Tenant eviction with damages more than $15,000, up to $30,000$400Tenant eviction with Distress for Rent writ$270

The landlord must serve the tenant a written notice allowing three days, excluding weekends and legal holidays, for the payment of the rent or vacating of the premises. If the tenant does not pay the rent or vacate, the landlord may begin legal action to evict.

The 2022 Florida Statutes (4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

How long does an unlawful detainer take in Florida? The minimum amount of time for your unlawful detainer case to be resolved is approximately 4 weeks and likely will take longer. For that rare timeframe to occur, everything must be in the plaintiff's favor and the court must act swiftly.

Respond to an unlawful detainer complaint. The summons and complaint may be personally delivered to you or posted on your door, by the sheriff or a certified process server. This is called ?service of process.? The clerk may also send you a copy of the summons and complaint by mail.

It is similar to an eviction proceeding except that in an Unlawful Detainer case, there is no landlord/tenant relationship between the parties, i.e. there is no agreement to pay rent, either verbal or in writing. If there is an agreement to pay rent, verbal or in writing, you should consider filing an eviction case.

Notice Requirements for Florida Landlords A landlord can simply give you a written notice to move, allowing you 15 days as required by Florida law and specifying the date on which your tenancy will end.

Clerk of the Courts 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.

A complaint sufficiently alleges a cause of action for unlawful detainer if it recites the following: (1) the defendant's initial possession of the property was lawful, either by contract with or by tolerance of the plaintiff; (2) eventually, such possession became illegal upon the plaintiffs notice to the defendant of

The CDC's Eviction Moratorium has been invalidated and is no longer in effect. You can read the U.S. Supreme Court's opinion for more information. The property you live in may be subject to the CARES Act although most of the housing protections included in the CARES Act have expired.

Miami Dade Eviction Forms Interesting Questions

More info

Court Registry - Evictions. Make rent deposits into the Court Registry.Prepare a complete Florida eviction notice that complies with state laws and provides the correct notice for a tenant in a rental property. Complete the forms in the package. Make two copies of all of the forms. Once completed, the Judge will sign and date this form. Review the Filing Checklist and Quick Reference Guide prior to completing any forms. Refer to chapters 45 through 57 and chapter 83 of the Florida Statutes for. Forces you to move out. This is called an illegal eviction or a "prohibited practice," and is a violation of the Florida Law.

The tenant must pay court costs and damages for these violations. — Evictions. Make rent deposits into the Court Registry. Prepare a complete Florida eviction notice that complies with state laws and provides the correct notice for a tenant in a rental property. Complete the forms in the package. Make two copies of all the forms. Once completed, the Judge will sign and date this form. Review the Filing Checklist and Quick Reference Guide prior to completing any forms. Refer to chapters 45 through 57 and chapter 83 of the Florida Statutes for. Forces you to move out. This is called an illegal eviction or a prohibitedpr Andndnd is a violation of the Florida Law. The tenant must pay court costs and damages for these violations. Writ of Possession (WHO) or Summons — The tenant must obey the writs of possession or summonses. There will be a fee for either. — The tenant must obey the writs of possession or summonses. There will be a fee for either.

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