How to Evict a Tenant in Miami-Dade Without a Lease

Even if you and your tenant do not have a written lease, the Miami-Dade court system recognizes the rights of your tenant. Without a written agreement, the frequency of the tenant's rent payment determines the rental duration. For example, if the tenant pays you every Friday, the courts consider him a week-to-week tenant. If the tenant does not pay his rent on time, or he breaks one of the regulations found in Florida Statute Chapter 83.52 that includes the responsibilities of the tenant, you have the right to begin eviction proceedings against him.

Request an eviction package from the Miami-Dade County Court clerk's office.

Complete the forms in the package. Make two copies of all of the forms.

Mail the tenant a completed notice or hand-deliver it to his address. The tenant has three business days, not including delivery day to vacate the home.

File the original complaint included in the package and the copies with the Court Clerk's office. At the time of publication the fee to file is $185.

Pay the $40 fee to the sheriff's office or hire a process server to serve the tenant with the complaint and the summons. Wait five business days for the tenant to respond.

Request a "Default Package" from the clerk and schedule a hearing if the tenant remains after receiving a summons. Complete the affidavits included in the package and sign them before a notary public.

Attend the hearing. Give the judge any evidence you have to support the eviction. Have copies of rent payments to verify the payment frequency of the tenant, and copies of any correspondence between you and the tenant showing attempts you made to rectify the situation and prevent the eviction.

File the motion from the default package with the clerk if the tenant does not respond. Receive the final judgment from the court. Make copies of the judgment for yourself and the tenant. File the original and copies with the clerk along with the other completed forms from the package and a stamped, addressed envelope for you and the tenant.

Give the clerk a check for $115 made out to the Sheriff of Miami-Dade County. The sheriff will serve the eviction notice on your tenant, giving him 24 hours to vacate the home.

Tips

  • Your checks must be drawn on a local Miami-Dade bank with your contact information preprinted on it.

Warnings

  • Do not reclaim the property until the tenant leaves. Call the sheriff if he remains longer than 24 hours.

References

About the Author

Specializing in business and finance, Lee Nichols began writing in 2002. Nichols holds a Bachelor of Arts in Web and Graphic Design and a Bachelor of Science in Business Administration from the University of Mississippi.