How to Evict a Tenant Running Airbnb in Miami
You discover your tenant has been listing your condo on Airbnb. The HOA is fining you. Neighbors are complaining. The lease prohibits it. Here's the exact 7-Day Notice path under Florida Statute § 83.56(2)(b), with the Miami-Dade-specific evidence you need to win.
Serve a 7-Day Notice of Noncompliance with Opportunity to Cure under Fla. Stat. § 83.56(2)(b). Describe the STR activity specifically (URL of listing, dates observed, neighbor/HOA complaints). If the tenant cures (delists and stops), the eviction stops. If they continue or repeat within 12 months, you can serve a 7-Day Notice without cure under § 83.56(2)(a) and proceed to filing immediately.
The 4-step process
Document the STR activity
Build a paper trail before serving notice. Screenshot the Airbnb/Vrbo listing showing the host, photos, calendar, and reviews. Save URLs (they may delete the listing once notified). Document neighbor complaints, HOA notices, city code-compliance violations. Note dates you observed check-ins or short-term guests.
Serve the 7-Day Notice with Cure
Cite the specific lease provision violated (typically the no-subletting clause, occupancy limits, or commercial-use prohibition). Describe the violation in detail. Demand cure within 7 calendar days. Serve by hand, by posting after diligent search, or by U.S. Mail. Keep your service records.
Wait the 7-day cure period
The tenant must delist the property and cease STR activity. If they do — the eviction is moot. If the listing remains active or new bookings appear after the cure period, you proceed to filing. Document the post-cure-period activity (more screenshots).
File at the Miami-Dade Civil Courthouse
File an eviction complaint at 73 W Flagler St, Miami FL 33130, or via the Florida Courts E-Filing Portal. Pay the $185 filing fee. Attach your screenshots, HOA notices, and service records as exhibits. The standard 5-day response window applies; if uncontested, expect a writ of possession in 3–5 weeks. See the full Miami-Dade eviction process.
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
My tenant is running an Airbnb in my condo without permission. Is that a lease violation?
Almost always yes. Standard Florida residential leases prohibit subletting (which is what STR is) without landlord consent. Even leases that don't explicitly mention Airbnb usually have a clause limiting occupancy to the named tenants and prohibiting commercial use. Subletting violates Fla. Stat. § 83.56(2)(b) when prohibited by the lease.
What notice do I serve a tenant running an Airbnb in Florida?
A 7-Day Notice of Noncompliance with Opportunity to Cure under Fla. Stat. § 83.56(2)(b). Describe the noncompliance specifically (e.g., "operating short-term rentals through Airbnb at the premises in violation of paragraph 14 of the lease, including the listing at airbnb.com/rooms/xxxxx active since [date]") and demand they cure within 7 days. If they continue or repeat the violation within 12 months, you can serve a 7-Day Notice without further opportunity to cure.
How do I prove the tenant is running an Airbnb?
Screenshot the listing (URL, host name, photos showing your property). Save reservation calendars showing rented dates. Document complaints from neighbors or HOA. Keep records of any check-ins/check-outs you observe. The more documentation, the harder for the tenant to claim it's an isolated incident.
Does Miami Beach's short-term rental ban affect my eviction?
Miami Beach has aggressive STR enforcement separate from your eviction. The city issues code-compliance fines for unauthorized STR, which can hit YOU as the property owner — not just the tenant. That actually strengthens your eviction case (you can cite both the lease violation AND the city's code violations). Document any city notices you've received.
My condo association is the one demanding I evict — what do I do?
HOA-driven evictions are common in Aventura, Miami Beach, and Brickell. The HOA can fine YOU as the unit owner for the tenant's STR activity (often hundreds of dollars per day). Even though you're caught in the middle, your remedy is to evict. Serve the 7-Day Notice and file the eviction promptly — the HOA's documentation of the STR activity is gold for your court case.
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