Evictions

Notice: The purpose of this page is to provide information on the eviction of residential tenants who have not paid rent. The law changes every now and then, so the information in the forms referred to on this page may become outdated. We recommend, even if you’re speaking to a lawyer, that you research state statutes and related rules of civil procedure to ensure the forms that you are using are accurate and the information is current.

Under no circumstances will the Miami-Dade Police Department be liable for any direct, indirect, or consequential damages resulting from the use of this webpage.

Clerk of the Courts

Landlord and tenant eviction packages, which contain forms for use in residential evictions for non-payment of rent, are available at the Clerk of the Courts Office.

To file an eviction action, you must provide the Clerk of the Courts Office with the correct number of the following forms, completed in advance:

• Three copies: Three-Day Notice (one original is enclosed with the package)
• One original and two copies: Complaint for Removal of Tenant (one original is enclosed with the package)
• One copy to tenant
• One copy to complainant
• One copy for the Court
• One original and two copies: Five-Day Summons (three are enclosed in the package)
• A stamped envelope addressed to the defendant
• $185 filing fee (cash, check, money order, Visa/Mastercard)
• $40 Sheriff's Fee for each service of the Five-Day Summons per address (check, money order). You also have the option of hiring a certified process server. 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. If the first two attempts are unsuccessful, the documents can be posted on the residence. If the tenant does not leave the residence or fails to respond to the summons within the set time frame (five days not counting the day of service or posting, or Saturdays, Sundays, or holidays), you will need a Default Package, which you can also get at the Clerk of the Courts Office and it contains the following:
  • Affidavit of Non-Payment of Rent (notarized original required)
  • Non-Military Affidavit (notarized original required)
  • Motion for Default and Default (original)
  • Final Judgment for Removal of Tenant (original + two copies)
  • Writ of Possession (original + two copies)

You must supply two stamped envelopes (one addressed to you and one addressed to the tenant) and a check or money order for $115 made payable to "Miami-Dade County Sheriff." The check must be from a Miami-Dade County banking institution and have your name and address pre-printed on it.