How Long Does an Eviction Take in Miami-Dade?
The honest, realistic timeline — not the legal-aid theoretical version. Most uncontested Miami-Dade evictions complete in 3–5 weeks. Contested cases run 60–90 days. Here's what actually happens, week by week.
The week-by-week timeline (uncontested non-payment)
A typical Miami-Dade non-payment eviction where the tenant doesn't respond. Each step starts when the previous one finishes — no parallelization possible.
- Day 0
Serve the 3-Day Notice
Hand-deliver, leave with household member 15+, or post on the door. Do not mail alone. Document time and method.
- Day 1–3
Notice period (3 business days)
Excludes weekends and legal holidays. Tenant has the option to pay in full or vacate. Most don't do either.
- Day 4–5
File Complaint for Eviction
File at Miami-Dade Civil Courthouse (73 W Flagler St). $185 filing fee + $10 per additional defendant. The Florida E-Filing Portal accepts same-day filings until 11:59 PM.
- Day 5–10
Tenant served
Sheriff's civil division serves within 5–7 business days. A professional process server can serve in 1–2 days for an extra $40–60.
- Day 10–15
Tenant's 5-day response window
Tenant has 5 business days to file an answer AND deposit any disputed rent into the court registry. No answer = default judgment.
- Day 15–17
Default judgment + writ of possession
Clerk enters default the day after the response window closes. Writ of possession issued same day or next business day.
- Day 17–21
Sheriff lockout
Sheriff posts 24-hour notice on the door, then performs the lockout. Standard scheduling is 5–10 days from writ issuance — often faster.
When the tenant contests
A "contested" Miami-Dade eviction means the tenant filed an answer AND deposited the claimed rent into the court registry within 5 days of service. About 15–20% of evictions end up here. The timeline extends but the outcome usually doesn't change.
| Phase | Duration | What happens |
|---|---|---|
| Notice + filing | ~7 days | Same as uncontested |
| Tenant answer + deposit | 5 days | Tenant files answer + pays disputed rent into registry |
| Hearing scheduling | 30–45 days | County court calendars in non-jury hearing |
| Hearing + ruling | 1 day | Bench ruling typically issued at hearing |
| Writ + lockout | 5–10 days | Same as uncontested |
| Total | ~60–90 days | Lockout achieved |
What actually delays Miami-Dade evictions
Tenant evades service
If the tenant won't answer the door, the Sheriff or process server may need 2–3 attempts. Each attempt adds 3–5 days. Eventually you petition for posting service, which adds another week.
Defective notice
The single biggest cause of delays. Wrong amount, wrong day count, mail-only service — and the tenant's lawyer files a motion to dismiss. Adds 30–60 days to refile and re-serve.
Holiday weeks
The Miami-Dade Clerk slows dramatically the week of Christmas, the week of New Year's, and the week of the July 4 holiday. Filings sit in queue 3–5 extra days.
Tenant bankruptcy filing
A Chapter 7 or 13 bankruptcy filing triggers an automatic stay halting your eviction. You must file a motion in bankruptcy court for relief from stay (~2–4 weeks).
Service member protections
Active-duty military tenants are protected under SCRA. The court will not enter default and you must comply with SCRA notice requirements (~1–2 weeks delay).
Some Miami-Dade and Broward cities tried to add 60-day notice requirements or mandatory mediation periods. Florida HB 1417 (effective July 1, 2023) preempted these. The timelines on this page apply uniformly across all Miami-Dade cities — Aventura, Coral Gables, Hialeah, and the rest.
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
What's the fastest possible eviction timeline in Miami-Dade?
About 3 weeks (21 days) for an uncontested non-payment case where the tenant doesn't respond at all. Day 1: serve 3-Day Notice. Day 4–5: file the eviction. Day 10: tenant served. Day 15: tenant's 5-day response window closes. Day 17: default judgment. Day 21: writ of possession + Sheriff lockout.
How long if the tenant contests the eviction?
60–90 days. The tenant must deposit the disputed rent into the court registry within 5 days of service to preserve their right to defend. If they do, a hearing is scheduled (typically 30–45 days out). Most contested cases still resolve in the landlord's favor — the delay is the cost.
Does Miami-Dade Sheriff really show up the same week the writ is issued?
Usually yes. Once the writ of possession is issued by the clerk and the Sheriff's civil division receives it, the Sheriff posts a 24-hour notice on the door. Lockouts typically happen within 5–10 business days of the writ being issued.
Why do some evictions take 60+ days even uncontested?
Tenant service delays are the biggest factor. If the tenant is hard to locate or evades service, the case sits while you wait for personal service or post-and-mail authorization. Other delays: holidays in the courthouse, clerical backlog, or filing errors that get the case kicked back.
Can I speed up the timeline?
Three things shave days: (1) serve the 3-Day Notice cleanly via hand-delivery (not posting) to start the clock unambiguously, (2) e-file the same day the notice expires using the Florida E-Filing Portal, (3) hire a professional process server to serve the tenant on day 1 of filing instead of waiting for the Sheriff's queue.
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