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Miami-Dade Eviction Packet Miami-Dade County Florida

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Miami-Dade Eviction Packet Miami-Dade County Florida Powered By Docstoc
					                                                            CLERK OF THE CIRCUIT AND COTINTY COURTS
                                                                              Dade County, Florida


                                                             LANDLORD/TENANT EVICTION
THE CLERK'S OFFICE CANNOT ASSIST YOU IN FILING AN EVICTION. THE ATTACHED FORMS ARE TO BE USED
FOR AN EVTCTION FOR NON-PAYMENT OF RENT ONLY. IF YOU ARE FILING ANY OTHER TYPE OF EVICTION,
YOU MUST CONTACT AN ATTORNEY AS THE CLERK'S OFFICE DOES NOT HAVE FORMS FOR ANY EVICTION
EXCEPT NON.PAYMENT OF RENT. IF YOU DO NOT LTNDERSTAND OR HAVE ANY QUESTIONS REGARDING THE
FORMS ATTACHED, YOU MUST CONSULT AN ATTORNEY. THE CLERK'S OFFICE CANNOT ASSIST YOU IN ANY
WAY WITH THE PREPARATION OF THESE FORMS.

TO FILE AN EVICTION FOR NON-PAYMENT OF RENT, YOU MUST PROVIDE THE CLERK'S OFFICE WITH THE
FOLLOWING DOCUMENTS, WHICH YOU MUST HAVE PREPARED IN ADVANCE WITH THE CORRECT NUMBER OF
COPIES.

IF YOU HAVE MORE THAN ONE                                   (I) DHT,ENDANI', 'fHE NUMtsT'R OF COPIES THAT YOU WILL NEED IS DIFFERENT
THAN THE AMOUNTS LISTED BELOW. PLEASE INQUIRE IF YOU HAVE QUESTIONS AS TO THE AMOUNT OF
COPIES NEEDED.

          THREE (3)                           COPIES       NOTICE FROM LANDLORD TO TENANT/ THREE (3) DAY NOTICE
                                                           (oNE   (l)   oRTGTNAL ENCLOSED)

          I     ORIGINAL                                   COMPLAINT FOR REMOVAL OF TENANT
          AND 2 COPIES                                     (ONE (I ) ORIGINAL ENCLOSED)

          I     ORIGINAL                                   FIVE (5) DAY SUMMONS
          AND 2 COPIES                                     (ONE   (I) ORIGINAL ENCLOSED)
          :e   r.  ,*
                    '(
                         **   ,*   ***   :*
                                                           ENVELOPE(S), WITH STAMP(S) ADDRESSED TO DEFENDANT
          ********i!)**                                    S27O,OO FILING FEE AND S1O,OO IIEE PER SUMMONS FOR ISSLIANCE:
                                                           (CHECK, MADE PAYABLE TO CLERK OF COURT, VISAA4ASTERCARD, CASH)

                                                           S2O.OO SHERIFF'S FEE FOR EACH SERVICE OF THE 5-DAY SUMMONS
                                                           (CASH, CHECK, MONEY ORDER), OR YOU MAY HIRE A CERTIFIED PROCESS
                                                           SERVER
                                                           *CHECK MUST BE FROM A MIAMI-DADE BANKING INSTITUTION AND HAVE
                                                           YOUR NAME AND ADDRESS PRE-PRINTED.

THESE ARE ONLY THE FIRST STEPS IN FILING AN EVTCTION, IF YOA DO NOT ANDERSTAND. SEEK LEGAL
HELP AS IIE CANNOT ANSWER ANY OUESTIONS REGARDING THE FILING OF AN EVICTION.

APPROXIMATELY TEN (10) DAYS LATER, YOU MAY HAVE TO FILE ANOTHER SET OF FORMS IF THE
DEFENDANT DOES NOT FILE AN ANSWER. THIS IS CALLED A DEFAULT PACKAGE, WHICH IS SUPPLIED BY THE
CLERK'S OFFICE AND INCLUDES THE FOLLOWING: YOU MUST PROVIDE THE COPIES

    (OR]GINAL,                       NOTARIZED*)                    AFFIDAVIT OF COSTS, NON-PAYMENT OF RENT, NON-MILITARY
                                                                    AFFIDAVIT, MOTION FOR DEFAULT AND DEFAULT, (THIS IS NOW A
                                                                    CONSOLIDATED FORM PROVIDED BY THE CLERK'S OFFICE.)
   (OzuGINAL & THREE COPTES)                                        FINAL JUDGEMENT FOR REMOVAL OF TENANT
   (ORIGINAL & THREE COPIES) WRIT OF POSSESION
   TWO STAMPED ENVELOPES ONE ADDRESSED TO YOU AND ONE TO THE TENANT.

THERE WILL BE AN ADDITIONAL CHARGE $95.00 TO SERVE THE WRIT OF POSSESSION, CHECK OR MONEY
ORDER MADE PAYABLE TO *DADE COUNTY SHERIFF". 'ICHECK MUST BE FROM A MIAMI-DADE BANKING
INSTITUTION AND HAVE YOUR NAME AND ADDRESS PRE-PRINTED.

THE AFFIDAVIT MUST BE NOTARIZED OR YOU CAN HAVE THIS SERVICE PERFORMED BY THE CLERK BY
APPEARING IN PERSON WITH A VALID PHOTO I.D. AND PAYING A SERVICE FEE OF $3.50.

THE ABOVE PAPERS WILL BE SUBMITTED TO THE JUDGE FOR ENTRY OF A FINAL ruDGMENT. AFTER THE
FINAL ruDGMENT IS SIGNED THE WRIT OF POSSESSION IS ISSUED BY THE CLERK AND DELIVERED TO THE
SHEzuFF.

DIST/CT PC FORM                          OO5   REV. 7/08
                               NOTICE
                (Legal Disclaimer and obligations of plaintiff)


IF THERE IS ANY DOUBT IN YOUR MIND CONCERNII{G THESE
FORMS, THE USE OF FORMS, OR YOU LEGAL RIGHT, IT IS
STRONGLY RECOMMENDED THAT THE SERVICES OF AN
ATTORNEY BE OBTAINED. IF YOU DO NOT KNOW AN ATTORNEY,
YOU SHOULD CONTACT TIIE LAWYER REFERRAL SERVICE LISTEI)
IN THE YELLOW PAGES OF THE TELEPHONE BOOK. IF YOU ARE
FINANCIALLY UNABLE TO AFFORD THESE SERVICES OF AN
ATTORNEY, YOU SHOIJLD CONTACT THE LEGAL AID OFFICE IN
YOURAREA.

BECAUSE OF THE CHANGING NATURE OF THE LAW, THtr FORMS
AND INFORMATION ABOUT THEM MAY BECOME OTJTDATED.
REGARDLESS OF WHETHER YOU DISCUSS YOUR CASE WITH A
LAWYER, YOU SHOULD RESEARCH ORIGINAL SOIJRCES OF
AUTHORITY (STATUTES AND RULES OF CIVIL PROCEDURE
REFERENCED IN THE INSTRUCTIONS) TO UPDATE AND ENSURE
ACCURACY OF THE FORMS.

IN NO EVENT WILL THE FLORIDA BAR OR ANYONE CONTRIBUTING
TO THE PRODUCTION OF THIS BOOKLET BE LIABLE FOR ANY
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OF THE BOOKLET.




LT
1996
                                      NOTICE FROM LANDT-/ORD TO TENANT
                                    TERMINATION FOR FAILURE TO PAY RENT



Date




Tenant's Name

Address

Ciqv, State, Zip Code




Dear
              Tenant's Name

          You are hereby notified that you are indebted to me in the sum of $
                                                                                (insert amount owed by Tenant)

for rent and use of the premises
                                                    (insert address of leased premises, including county)

Florida, now occupied by you and that I demand payment of the rent or possession of the premises within

Three (3) days (excluding Saturday, Sunday and legal holidays) from the date of delivery of this notice, to-wit:

onorbeforethe-dayof-,20-(insertthedatewhichisthreedoysfromthedelivery
of this notice, excluding the date of delivery, Saturday, Sunday and legal holidays).




                                                                                     Signature

                                                                                     Landlord' s Name/Property Manager
                                                                                     (Circle One)

                                                                                     (Address)

                                                                                     City, State, Zip Code

                                                                                     (Telephone Number)


Note: This notice may      be delivered by mail or by delivering a copy to the property.

          This notice must be delivered, and the three day time period must run, before starting suit to evict the tenant or to recover
          past due rent.

          SOURCE: Section 83.56(3), Florida Statutes (1990).
                                    l0-l.l(b) ofthe Rules Regulating the Florida Bar."
          "Approval for use under rule
                                                                               IN THE COUNTY COURT, IN AND FOR
                                                                               DADE COUNTY, FLORIDA


                                                                                CASE NO.:




(insert name of landlord)
                                     Plaintiff
V.S.                                                                                 COMPLAINT FOR EVICTION


(insert name of Tenant)
                                     Defendant(s)
                                                  I




        Plaintiff,                                    sues Defendant,                                     , and alleges:
                     (insert name of landlord)                               (insert name of tenant)

         1.   This is an action to evict a tenant from real property in
                                                         County, Florida.
              (insert county in which the renlal propere is located)

        2.    Plaintiff owns the following described real property in said County:

              (insert legal or street description of rental property including, if applicable, unit number)

        3. Defendant has possession           of the property under alan (oral/written) agreement to pay rent of
                                             payable
               (insert rental amount)                   (insert terms of rental poyments, i.e., weekly, monthly, etc.)

              A copy of the written agreement,          if lfly, is attached   as   exhibit "A".

        4.    Defendant failed to pay the rent due                                                                       20-.
                                                             (insert date of payment Tenant has failed to make)
5. Plaintiff served Defendant   with   a notice on                             20_to      pay the
                                                     (insert date of notice)
   Rent or deliver possession but Defendant refuses to do either.

    A copy of the notice is attached as Exhibit "B".




    WHtrREFORE,, plaintiff demands judgment for possession of the property against Defendant.


                                                                  Signature

                                                                  Name of Landlord/Property Manager

                                                                  Address

                                                                  City, State, Zip Code

                                                                  Telephone Number
                                     NOTICE FROM LANDLORD TO TENANT
                                   TERMINATION FOR FAILURE TO PAY RENT



Date




Tenant's Name

Address


City, State, Zip Code




Dear
             Tenant's Name

          You are hereby notified that you are indebted to me in the sum of $
                                                                                (insert amount owed by Tenant)

for rent and use of the premises
                                                 (insert address of leased premises, including county)

Florida, now occupied by you and that I demand payment of the rent or possession of the premises within

Three (3) days (excluding Saturday, Sunday and legal holidays) from the date of delivery of this notice, to-wit:

onorbeforethe-dayof-,20-(insertthedatewhichisthreedaysfromthedelivery
of this notice, excluding the date of delivery, Saturday, Sunday and legal holidays).




                                                                                     Signature

                                                                                     Landlord'   s   Name/Property Manager
                                                                                     (Circle One)

                                                                                     (Address)

                                                                                     Cify, State, Zip Code

                                                                                     (Telephone Number)



Note: This notice may be delivered by mail or by delivering    a   copy to the property.

          This notice must be delivered, and the three day time pedod must run, before starting suit to evict the tenant or to recover
          past due rent.

          SOURCE: Section 83,56(3), Florida Statutes (1990).
                                    l0-l.l(b) ofthe Rules Regulating the Florida Bar."
          "Approval for use under rule
                                         IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA.

 DMSION                                                                                                                                                 CASE NUMBER
 o   clvll                                                         RESIDENTIAL EVICTION SUMMONS


 PLATNnFF(S)                                                      vs.   DEFENDANT(S)                                                                   SERVICE




 TO DEFENDANT(S)                                                 ADDRESS




 PLEASE READ CAREFULLY

 You are being sued by          _----
 ln ranrrira   rrnrr fn            rl nf tha nlqno rrrhoro        lirrinn fnr lho   acnn/    \          ;;;'tt,";;"^,.-,.,r.i,.,
 You are €ntited to a trial to determine whether you can be requircd to move, but you MUST do ALL of the things listsd belo\,. You must do them
 wihin FIVE (5) days (not including Saturday, Sunday, or any legal holiday) aft€r the date th€se papE6 wer€ given to you or to a person who lives
 with you or wer€ posted at your hom€.
                                                                                                                                                I

 THE THNGS YOU I,UST DO ARE AS                    FOLLOVS'
                                                                                                                                                I
  (1) Write down the reasons why you think you should not be forced to                move.                                                     I
 The written r€ason(s) must be givsn to th€ clerk of th€ court at the court iocation                 O   checked     belowr                     I


                                                 DADE COUNTY COURT LOCATIONS                                                                                                   o
   DDaOe County Courthouse (05)                  EJoseph Caleb Center    (20)               Druortn Dade Justice Center (23)
      Room 133                                      Room 205                                     Room '100                                                                     H
      73 West Flaoler Street                        5400 NW 22Avenue                             15555 Biscavne Blvd.                                                          x
      Miami. Florid'a 33130                         Miami, Florida 33142                         North MiamiBeach, Florida 33160
   EMiaml Beach District Court (24)               ECorat Gables District Court (25)         Elsoutn Dade Justice Center (26)
                                                                                                                                                                               z
     Room224                                        Room 100                                   Room 1200
     1130 Washinqton Avenue                         3100 Ponce De Leon Blvd.                   10710 SW 211 Street
     Miami BeachiFlorida 33139                      CoralGables, Florida 33134                   Miami, Florida 33189
                                                                                            flliatean    Dlstrict Court (21)
                                                                                                 Room 100
                                                                                                 11 East 6th Street
   (2) Mail or give a copy of your written reason(s) to:                                         Hialeah, FL 33010
      Plai ntiff/Plaintiff 's Attornev

                            Address
  (3) Pay to the cl€rk of lhe court lhe amount of r€nt lhat th6 attach€d complaint claims to be duo and any rent that becomes due untilthe lawsuit is
  over. lf you bgli€ve thal the amount claimed in the complaint is inco.rect, you should frle with the clgrk ot the coufi a motion to have th9 colrt
  dsbmine O|e amount b be paid. lf you file a motion, you must attach to the motion any documents supporling your posiiion and mail or give a copy of
  th€ molion to the plaintiff/plaintiffs attorney.
  (4) lf )/ou filE a motion lo have lhe court determine the amount of rent to be paid to th€ clerk of the court, you must immediat€ly contact thg otfice of the
 iudgs    b whorn th€ case is assigned to schedule a hearing to docide what amount should be paid to the cl€rk of lhe courl while ths law8uit is pending.
  F YqJ DO M)T DO ALL OF THE THINGS SPECIRED ABOVE WIHIN 5 WORKING DAYS AF1ER lHE DATE IHAT THESE PAPERS WERE GTVEN TO
  YOU OR TO A PERSON W}IO LNES WTTH YOU OR WERE POSTED AT YOUR HOiiE YOIJ MAY BE A'ICIED WITTIOUT A HEARING OR FURIHER
  NOIICE
  (5) [ the attached complaint also contains a claim for money damages (such as unpaid rent), you must respond to that claim aeparately. You must
  writ€ down th€ r€asons why you believe that you do not ow6 lhe monoy claim6d. Tho written reasons must be given to the clerk of the couri 9t the
  address sp€cifigd in paragraph ( 1) above, and you must mail of give a copy of your written reasons to the plaintifi/plaidiffs attom€y al lhe addrB$s
  sp€cifi€d in paragraph (2) above. This must bo done within 20 days afre. the data th€se pape.s w€.e given to you or to a pe,son who liv6s with you
  or wgr9 postgd at your home. This obligation is ssparat€ from ths requiEm€nt of answering the claim for eviction within 5 working days afrer the86
  paps6 wsre given to you or to a person who livos with you or wor€ post€d at your hom€.
  THE STAIE OF  FIORIDA To Each Sheritf Of The Staie: You are commanded to                           s_e.ve this   summons and a copy of the complaint in this lawsuit on
  the above.named defendant(s). DATED ON                              20

                 COPY OF THE COMPLAINT AND SUMMONS WAS                                            HARVEY RUVIN
                                                                                                  Clerk Of The County Court
                                                                                                                                                                COURT
   MAILED ON                                                                                                                                                     SEAL
                                                                                                  BY:
   BY:                                                                                                             AS DEPUW CLERK

                                                     AirERrCAllS WTH DISASILmES ACr OF 1990
                                                                                           IN THIS PROCEEDING' YOIJ ARE ENTITLED' AT NO COST TO
IF YOU ARE A PERSON WIT}I A DISABILITY WHO NEEDS ANY ACCOMMODATION TO PARTICIPATE
iou, ro   rii  pnovisroN oF CERTA|N AsstsrANcE, pLEAsE coNTAcr rHE DADE couNTY, couRTs ADA cooRolNAToF AT 73 wEsr FLAGLER srREEt'
                                                                                   (305) s49'7174 FoR TDD AND (3o5) 34+7011 FoR FAx. wlrHlN Two
nool,r iooo, rurer,,t, rr-oRtoA, 331s0, TELEpHoNe Nuueens (soq sqs-7r7s FoR votcE,
                                                oocuMENT. rDD UsERS MAY ALso oALL 1€oo-s5s771. FoR rHE FLoRloA RELAY sERvlcE.
                                                    l+s
iil ,ri6*iiHi orii oi ioui       aeceipr or
                                                                                                                               Cieil;   EE6   A;rsse; wffi   :'E;;;:;;;;;;;;
oLK/CT 14't REV.4lO4

				
DOCUMENT INFO
Description: PACKAGE FOR LANDLORD/TENANT EVICTION IN MIAMI-DADE COUNTY, FLORIDA. INCLUDES INSTRUCTIONS, NOTICE FROM LANDLORD TO TENANT/ THREE (3) DAY NOTICE, COMPLAINT FOR REMOVAL OF TENANT, FIVE (5) DAY SUMMONS