Determine nature of action: type of
notice to send to terminate tenancy
[ ] non-payment of rent
Issue/review 3 day notice
Did tenant tender rent?
[ ] full amount: case closed
[ ] partial: issue new 3-day or reject and file complaint
[ ] no: File complaint non payment of rent
[ ] Lease violation
[ ] curable: issue 7 day notice to comply
[ ] complied in 7 days: case closed
[ ] not complied: file complaint lease violation
[ ] incurable: issue 7 day notice
of lease termination
[ ] tenant moved out in 7 days: case closed
[ ] tenant in possession: file complaint incurable
[ ] determine when summons served,
log default date. If in Dade prepare non-military
affidavit and affidavit of non-receipt of payment
to file with default motion.
[ ] Prepare default package for filing.
On 5th day, confirm no rent paid directly. Check with
clerk no responsive pleading / money deposited in
the court registry.
[ ] Responsive pleading filed, but
no money in court registry.
Verify no allegation rent already paid with supporting
documentation, or no 7 day notice to perform repairs
served on Landlord prior to issuance of notice terminating
tenancy. If not file motion to strike / default package.
If yes: file responsive pleading /
set hearing date.
[ ] verify service of writ of possession
/ tenant out.
[ ] Motion for damages.
[ ] disposition of security deposit
[ ] Stipulated settlement:
Determine amount due, amount tenant to pay immediately,
length of payments.
Have parties sign
Submit to court. Also motion to vacate order of possession/quash
writ if necessary.
Upon receipt of settlement order, close file.
3 days: usually served by landlord. Can use process
server $25.00. Courier, have them sign a copy first
and keep it.
Complaints: File in person or 3rd party
process server can pick up from you and file for you.
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