Florida Eviction: DIY vs. Specialist
The Miami-Dade filing fee is $185 whether you file yourself or a specialist files for you. The real cost difference isn't the filing fee — it's who absorbs the procedural risk if something goes wrong.
Individual landlords can self-represent (pro se) in Florida county court — DIY is legal and costs ~$225 in court fees for a single-tenant case. LLCs and corporations cannot self-file under Fla. R. Civ. P. 1.040 — an attorney is required. For individual landlords: DIY works if you're disciplined about notice timing and service requirements. One procedural defect means re-filing from zero and another month of lost rent.
Cost comparison: DIY vs. specialist
Miami-Dade uncontested eviction, single tenant, non-payment case.
| Line item | DIY | With Specialist |
|---|---|---|
| Notice preparation | Your time | Included |
| Court filing fee | $185 | $185 |
| Sheriff service of process (1 defendant) | $40 | $40 |
| Specialist fee (uncontested) | — | $600–$900 |
| Total (uncontested, single tenant) | ~$225 | ~$825–$1,125 |
| If a defect forces re-filing | +$225 + 1 month rent lost | Specialist absorbs re-filing |
Court fees verified against Miami-Dade Clerk fee schedule 2026-04-28. Specialist fee is a market estimate, not a guaranteed quote.
What DIY actually requires you to do
"DIY eviction" isn't just printing a form. Each step has a specific Florida statutory requirement.
- 1. Draft the correct notice
Select the right form (3-Day, 7-Day with/without cure, 15-Day) based on your grounds. Include all required statutory language — the form version matters.
- 2. Count the notice period correctly
For a 3-Day Notice, count 3 BUSINESS days — Saturdays, Sundays, and legal holidays don't count. Miscounting by one day is the most common DIY error.
- 3. Serve the notice properly
Deliver by hand to the tenant, post on the door after a documented diligent search, or mail (adds 5 days to the period). Failure to document service method = procedural defect.
- 4. File the complaint
Pay the $185 filing fee at the Miami-Dade Clerk or via the Florida Courts E-Filing Portal. Attach your notice + proof of service. An LLC filing in its own name without an attorney is dismissed here.
- 5. Handle service of process
Pay $40 for Sheriff service or arrange a private process server. The court issues a summons with a 5-day response window.
- 6. Attend the hearing (if contested)
If the tenant responds within 5 days, a hearing is set. You represent yourself in front of a judge. No scripts, no second chances on evidence you didn't bring.
5 defects that get DIY evictions dismissed
Each of these requires re-filing from zero — and another month of lost rent while you restart.
| Defect | What goes wrong |
|---|---|
| Wrong notice period | Counting calendar days instead of business days on a 3-Day Notice. The notice is void. |
| Missing statutory language | Florida § 83.56 requires specific text on every notice. Generic "pay or quit" letters fail. |
| Improper service | Posting notice without a written diligent-search affidavit proving you tried hand delivery first. |
| Wrong plaintiff | Your LLC owns the property, but you file the complaint in your personal name. Court dismisses the LLC's case. |
| Accepting partial rent after notice | Courts often treat this as waiving the notice. You must re-serve and re-file. |
Florida Rule of Civil Procedure 1.040 prohibits corporations, LLCs, and partnerships from representing themselves in court — a legal entity requires a licensed attorney. If your rental property is owned by an LLC and you file the eviction in the LLC's name without an attorney, the court will dismiss the case. This is not a fixable defect — you re-file. Full breakdown of who can file a Florida eviction.
When DIY makes sense
You own the property in your personal name, not a business entity. Florida lets individuals self-represent in county court.
Tenant is behind on rent, has no history of habitability complaints, no pending security-deposit dispute. Clean facts favor DIY.
Experience with the notice timing, service method, and clerk filing process eliminates most first-timer errors.
When a specialist is worth it
No choice — Rule 1.040 mandates attorney representation. The question isn't DIY vs. specialist; it's which specialist.
Tenant hired a legal-aid attorney. Self-representing against a trained eviction defense attorney is a losing position for most landlords.
At $3,000/month rent, a one-month delay from a re-filing costs more than the specialist fee. The math favors a specialist.
Cure vs. no-cure decisions under § 83.56(2) require judgment about whether the violation qualifies as material noncompliance. Misclassifying gets the case dismissed.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
Can a landlord file an eviction without an attorney in Florida?
Individual landlords (natural persons) can self-represent in Florida county court — called appearing "pro se." They handle their own notice, complaint, and court appearance. However, if the landlord is an LLC, corporation, or partnership, Fla. R. Civ. P. 1.040 requires them to hire a licensed Florida attorney. Self-filing by an LLC is a procedural defect the court will dismiss.
What does DIY eviction cost in Miami-Dade?
Court and process costs for an uncontested DIY eviction in Miami-Dade: $185 filing fee, $40 Sheriff service of process per defendant. That's $225 for a single-tenant case. Add $10 per additional defendant. The filing cost is fixed regardless of whether you self-represent or use a specialist — the specialist fee is on top of court costs, not a replacement for them.
What are the most common reasons DIY evictions get dismissed?
The top five procedural defects: (1) incorrect notice period — counting weekends or holidays in the 3-day calculation; (2) notice defects — missing required language or wrong form version; (3) improper service — posting without a diligent-search affidavit; (4) wrong party — filing in your personal name when the rental is owned by an LLC; (5) accepting partial rent after serving the notice, which courts often treat as waiver requiring you to re-serve.
Is it worth hiring a specialist for a simple non-payment case?
Depends on your hourly cost. A specialist adds $600–$900 above court fees for an uncontested case. If a single procedural error forces a re-filing (and a second month of lost rent at $1,500–$3,000/month), the specialist pays for itself. The math changes if you are an experienced individual landlord who has filed multiple evictions and understands the service requirements.
What if I start DIY and the tenant contests?
If the tenant files a response (Answer) with the court, the case becomes contested and a hearing is set. At that point many individual landlords hire a specialist for the hearing itself, switching from DIY to represented mid-case. Courts allow this. The risk is that whatever you filed already (complaint, notice) becomes scrutinized — defects discovered at the hearing stage are harder to cure.
Skip the procedural risk — let a specialist handle it
Generate your statutory notice in 90 seconds, then connect with a Miami-Dade eviction specialist who files at the courthouse for you.
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