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Step 2: Filing Your Case

It is very important that during the eviction process the parties follow all the proper procedures and use all the correct paperwork before attempting to file a case with the Clerk of Courts Here is what is needed in order to file a case:

• 3 copies of the summons

• 1 original complaint for eviction or complaint for eviction and damages and 2 copies. The original must be notarized unless the person filing the case is the plaintiff and signs it in front of the clerk.

• 3 Copies of the 3 Day notice

• 3 Copies of your lease or rental agreement, unless it is an oral agreement.

• 2 Stamped envelopes, 1 addressed to the tenant and 1 addressed to the plaintiff.

• A business check, cash, money order, cashiers check or certified check in the amount of $185.00 plus $10.00 per tenant made payable to the Clerk Of Courts. The Clerk Of Courts also accept Visa and Mastercard. The clerk does not accept personal checks.

• A check made payable to the Broward County Sheriff in the amount of $40.00 per tenant. The Sheriff's Office usually takes anywhere from 3-5 days to serve your papers, or a Special Process Server Appointed by the Sheriff (their fees vary) may be used and can usually serve the papers the same day.

The plaintiff in the case must be the owner of the property and all owners must be listed as plaintiffs.

Remember, if the landlord accepts any money from the tenant at any time after the 3 Day notice is served or posted, the entire process must start over again, starting with the 3 Day notice.

Landlords and Tenants that are not comfortable doing their own eviction or that have any questions, should consult an Attorney or hire a Property Manager.

Continue to Step 3: Default Package And Writ Of Possession

 

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