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Deliver a notice of eviction to the tenant. Serve the notice to the tenant. Create an eviction complaint. File your eviction packet with the county clerk's office. Provide a service of summons to the tenant. Go to court on your hearing date.
The eviction process begins with the provision of proper notice to the tenant that demands that the tenant vacate the leased premises within a specific period of time. Click here to access the different notice of eviction forms that have been approved by the Florida Supreme Court. The different types of notice required includes: 3-day notices are for nonpayment of rent. The amount due on the face of the 3-day notice cannot be greater than the total amount of past due rent. You must accept rent if submitted before the end of the 3-day notice period, and once accepted you can no longer pursue eviction. 7-day curative or non-curative notice is provided for evictions related to lease or law violations. 15-day prior notice is required for the termination of a month-to-month tenancy. Miami Beach has a special law requiring a 30-day notice if you have an oral month to month agreement or if the lease is written but does not contain a lease duration. Some lease terms contain instructions for the service of notice and other processes to the tenant. If the lease is silent, you can serve notice by handing a copy of the notice to an adult occupant of the leased premises. The notice can also be securely posted to the door of the premises. Service of notice via mail is also possible, and you should make sure to send the mail certified in order to have documentation of receipt that can be presented to the court. Notice begins to toll on the first full day following delivery of notice, and expires at midnight on the last number of days given for notice, excluding weekends and holidays. If the tenant has not paid rent during the notice period, or has not remedied the lease violation underlying the eviction, you can proceed with filing an eviction complaint. A completed eviction packet will contain your completed eviction complaint, five copies of the lease agreement and notice provided to the tenant, as well as a pre-stamped envelope that is addressed to all occupants/tenants. Have the complaint notarized and file it at the clerk's office, or swear to it in front of a clerk and pay the relevant complaint filing fee. In most counties the filing fee is $185. After filing your eviction complaint and paying the filing fees, you will be provided with a service of summons that must be provided to the tenant along with a copy of the eviction packet. Service can be conducted by a private process server or by a county sheriff, who will confirm in writing that the notice, was delivered. Tenants have 5 days to answer an eviction summons. If the tenant answers and pays the rent, the landlord must contact the court to schedule a hearing. File a motion with the clerk seeking a default judgment if the tenant fails to answer the summons. Attend court on the hearing date and make sure to take all notice receipts with you. Go to your courtroom and answer all questions presented by the judge, and then wait for the court to enter a judgment. If the judge sides with you, the court will order the sheriff to evict the tenant in 24 hours. The sheriff will serve what is called a writ of possession, which the landlord must pay for, ordering the tenant to vacate the property. Alternatively, file a motion for default with the court if the tenant answered the summons, but failed to show up at the court hearing.