The Miami-Dade Eviction Process: Complete Landlord Guide
A step-by-step procedural guide for landlords filing residential evictions in Miami-Dade County, Florida. Covers the full sequence from statutory notice through writ of possession, with citations to Florida Statutes Chapter 83 and current Miami-Dade Clerk filing fees.
Quick Reference
- Standard filing fee
- $185.00
- Per case (Miami-Dade Clerk)
- Each additional defendant
- $10.00
- Service of process
- Total time (uncontested)
- 3–5 weeks
- Notice → writ of possession
- Governing statute
- Fla. Stat. Ch. 83
- Florida Residential Landlord Tenant Act
- Filing courthouse
- Miami-Dade County Civil Courthouse
- 73 W Flagler St, Miami, FL 33130
- E-filing portal
- myflcourtaccess.com
- Florida Courts E-Filing Portal
1. Choose the correct Florida statutory notice
Every Florida residential eviction begins with a written notice to the tenant. The grounds for eviction determine which notice you must serve under Florida Statutes § 83.56 and § 83.57. Serving the wrong notice — or one with defective language — is the single most common reason eviction cases get dismissed at the Miami-Dade Clerk.
| Notice | Statute | Used for | Cure period |
|---|---|---|---|
| 3-Day Notice | Fla. Stat. § 83.56(3) | Non-payment of rent | 3 business days (excludes weekends and legal holidays) |
| 7-Day Notice with Cure | Fla. Stat. § 83.56(2)(b) | Curable lease violations (unauthorized pet, occupant, minor damage) | 7 calendar days |
| 7-Day Notice without Cure | Fla. Stat. § 83.56(2)(a) | Non-curable violations (intentional damage, repeat violations, illegal activity) | 7 calendar days |
| 15-Day Notice | Fla. Stat. § 83.57 | Terminate a month-to-month tenancy without cause | 15 calendar days before next rental period |
Notices must be delivered by hand, posted on the premises (after diligent search and inquiry), or sent by U.S. Mail. Email and text-message notices are not statutorily recognized in Florida.
2. The 7-step Miami-Dade eviction process
Once you have served the proper notice and the cure period has expired, the formal court process begins. Each step has specific procedural requirements under Florida law and the Miami-Dade Clerk's local rules.
- 1
Determine your legal grounds
Identify which Florida statute applies to your situation: non-payment of rent, lease violation, or holdover. The grounds you choose determine which notice you must serve.
- 2
Serve the proper statutory notice
Deliver a written notice to the tenant — 3-Day, 7-Day, or 15-Day — depending on the grounds. Notice must be served by hand delivery, posting, or U.S. Mail.
- 3
Wait for the cure period to expire
The tenant has 3 business days (non-payment), 7 days (lease violation), or 15 days (holdover) to either pay, cure, or vacate. If they comply, the process stops.
- 4
File the complaint at the Miami-Dade Clerk
File an eviction complaint at the Miami-Dade County Civil Courthouse or via the Florida Courts E-Filing Portal. Pay the $185 filing fee and any service of process fees.
- 5
Service of process on the tenant
The Miami-Dade Sheriff or a private process server delivers the summons and complaint to the tenant. The tenant has 5 business days to respond and deposit any disputed rent into the court registry.
- 6
Obtain final judgment
If the tenant does not respond or deposit rent, you may move for default judgment. Otherwise, the court schedules a hearing. A judgment of possession orders the tenant to vacate.
- 7
Execute the writ of possession
The Clerk issues a writ of possession. The Miami-Dade Sheriff posts a 24-hour notice on the door, then performs the lockout. The tenant must vacate within 24 hours.
3. Realistic Miami-Dade eviction timeline
A straightforward, uncontested non-payment eviction in Miami-Dade typically resolves in 3–5 weeks. Contested cases — those where the tenant files a written defense and deposits the disputed rent into the court registry — can take 60–90 days or longer.
| Phase | Typical duration |
|---|---|
| Notice period (non-payment) | 3 business days |
| Filing complaint | Same day at Clerk or e-file |
| Sheriff service of summons | 2–7 days |
| Tenant response window | 5 business days from service |
| Default or hearing | 1–2 weeks |
| Writ of possession + 24-hour notice | 5–10 days after judgment |
| Total (uncontested) | Typically 3–5 weeks |
4. Common mistakes that delay or defeat your eviction
Most evictions that get dismissed at the Miami-Dade Clerk fail for procedural reasons — not because the underlying claim is weak. These are the five most common errors.
Accepting partial rent after serving the notice
Once you accept any rent payment after serving a 3-Day Notice, courts often treat the notice as waived. You must restart the process with a new notice.
Miscounting the 3-day cure period
The 3 days under § 83.56(3) exclude Saturdays, Sundays, and legal holidays. Miscounting leads to premature filing and dismissal — costing you the $185 filing fee and weeks of delay.
Using a generic notice form
Florida statutory notices have specific required language. A notice missing the statutory demand language ("pay or vacate within three days") will be rejected at filing.
Self-help eviction (lockouts, utility shutoff)
Removing a tenant's belongings, changing locks, or shutting off utilities without a writ of possession is illegal under Fla. Stat. § 83.67 — and exposes you to damages of three months' rent or actual damages, whichever is greater.
LLC or corporate landlord representing themselves
Under Fla. R. Civ. P. 1.040, corporations, LLCs, partnerships, and trusts must be represented by a Florida-licensed attorney. Pro se filings by entities are dismissed.
5. Self-file or use an eviction specialist?
Individual landlords (sole owners) can represent themselves pro se in Florida county court for residential evictions. However, Florida Rule of Civil Procedure 1.040 requires that corporations, LLCs, partnerships, and trusts be represented by a Florida-licensed attorney.
Self-file likely fits if
- · You are an individual owner, not an LLC or corporation
- · The case is straightforward non-payment
- · The tenant is unlikely to contest
- · You can attend the courthouse during business hours
Use a specialist if
- · The property is owned by an LLC or corporation
- · The tenant has a written defense or attorney
- · The case involves a holdover or commercial lease
- · You've had a prior eviction dismissed
6. Miami-Dade eviction FAQ
How long does an eviction take in Miami-Dade County?
A straightforward non-payment eviction in Miami-Dade typically takes 3–5 weeks from notice service to writ of possession. Contested cases can extend to 60–90 days.
How much does it cost to file an eviction in Miami-Dade?
The Miami-Dade Clerk charges $185 to file a residential eviction (summary procedure). Each additional defendant adds $10 for service of process. Sheriff service costs roughly $40 per address.
Can I evict a tenant without a lawyer in Florida?
Individual landlords can represent themselves pro se in county court. However, LLCs, corporations, partnerships, and trusts must be represented by a Florida-licensed attorney under Fla. R. Civ. P. 1.040.
What happens if the tenant pays after I serve the 3-Day Notice?
If you accept the full rent owed within the 3-day cure period, the eviction is moot — the notice is satisfied. If you accept partial rent after serving the notice, courts often treat the notice as waived, requiring you to start over.
Can I lock the tenant out myself once the 3 days expire?
No. Self-help eviction is illegal under Fla. Stat. § 83.67. You must obtain a writ of possession and have the Miami-Dade Sheriff perform the lockout. Violators face damages of three months' rent or actual damages, whichever is greater.
Skip the procedural minefield.
Generate a § 83.56-compliant 3-Day Notice in under 90 seconds, and have a Miami-Dade eviction specialist call you to discuss filing.
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