EVICTION PROCESS, STEP BY STEP

The entire eviction process will take an estimated 30 to 45 days to complete.

 

  1. 3-Day Notice: This notice gives the tenant 3 days to either:

a. Pay the rent.

b. Make arrangements with the landlord to pay the rent

c. Move out.

Once the three days have expired, on the fourth day the actual eviction can be filed with the courts.

 

2. Eviction case filed: The clerk is paid filing fee of $195.00.

    5 day Summons: This notice is served by a certified process server within 24 hours after received.

 

Once the 5-day summon is served, the tenant has 5 working days to:

a. Pay the rent.

b. Move out.

c. Respond to court with answer and supposed to put rent that’s due into the court registry. Enforced in Broward not Dade County.

 

3. Default Package: This package can be filed on the 6th day after the 5-day summons is served, if:

a. The tenant has not answered the summons.

b. The tenant answered the complaint but failed to put the rent that's due into the courts registry.

Affidavit of Non-Payment

Non Military Affidavit

Affidavit of Cost

Affidavit for Proof

Motion for Default

Default

Verified Return of Service

Final Judgment for Removal of Tenant 

 

Once these documents are submitted with the courts, you must wait until the Clerk enter the Default, and the Judge assigned to the case must sign the Final Judgment for Removal of Tenant. A copy is mailed to you.

 

4. Final Judgment For Removal of Tenant:

Once you receive this document by US Mail, if the tenant has not moved out, the next step is to have sheriff serve the Writ of Possession.

5. Writ of Possession: (24 Hour Notice) This document can only be served by the police department. The sheriff or Police Department charge a fee of:

Dade County: $115.00

Broward County: $90.00

Palm Beach County: $90

for this service. The Sheriff has complete control, they will instruct you what they want you to do. Remember, you are dealing with the police department so follow their instructions to the letter, until completion.