How to Evict Without a Lease Contract in Miami

By Christopher Michael
The landlord, eviction papers, a courthouse

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All tenants in the state of Florida have a lease. Florida deems a tenant to have a verbal lease if a paper one does not exist. If the tenant fails to pay rent, then you can evict them through Miami-Dade's clerk of courts. Eviction without a lease is a little more difficult and you'll have to gather proof that the tenant has not paid the agreed rent. With a little effort, you'll have your property back.

Serve a three-notice to the tenant. The notice gives the tenant three days to pay back-rent. The Clerk of Courts office in the Miami-Dade county courthouse can give you the official three-day notice and tell you which residential court will handle your eviction process.

Go to your residential court after three days to file a complaint with the clerk. Bring your three-day notice. The clerk will require you to make copies of your complaint and three-day notice to be stapled together, making serviceable packets for the tenants and court. As of August 2011, there is a filing fee of $185.

Get a summons from the clerk and hire a licensed process server or sheriff to issue the summons. The sheriff's fee is $40 per tenant as of August 2011, and can be paid to the clerk. The process server or sheriff will deliver a summons along with a copy of your eviction packet to each tenant.

Wait to see if the tenant answers. The tenant is given five days from receipt of the summons to respond to the court. The court will let you know if the tenant responds.

Go to your residential court if the tenant responds and schedule a hearing with the clerk.

Go to the hearing and present your eviction argument to the judge. The tenant will be given an opportunity to present a counterargument and the judge will make a decision based on the arguments. There is no lease, so you should collect any evidence that supports your argument, such as bank statements, and present it to the judge.

Enter a motion for default judgment if the tenant does not respond to summons or does not show up for the hearing. Go to your residential court, fill out the paperwork for the motion, attach any evidence, and file the papers with the clerk.

Receive a writ of possession from the court. The writ must be processed by a sheriff which, as of August 2011, carries a $115 fee. The sheriff will post the writ on the property, giving the tenants 24 hours to leave.

Wait for the tenants to move out and reclaim your property. If the tenants do not move out, contact the sheriff's department and they will enforce the writ.

About the Author

Christopher Michael began writing in 2010 for Break.com. He received a Bachelor of Arts in English from the University of Massachusetts, Amherst. Writing sports and travel articles helps support his professional baseball career, which has taken him to 49 states, five continents and four oceans.

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