Evicting a Tenant in Hialeah, Florida
How to evict a tenant in Hialeah, FL. Florida Statute § 83.56 process, Spanish-language lease and notice considerations, and Miami-Dade Clerk filing details.
About Hialeah's rental market
Hialeah is the second-largest city in Miami-Dade County and one of the most Spanish-speaking cities in the United States — over 95% of residents speak Spanish at home. The rental stock is dominated by single-family homes, duplexes, and small multifamily apartment buildings rather than high-rise condos. Many Hialeah landlords are individual investors with one to three properties, and Section 8 / Housing Choice Voucher tenancies are more concentrated here than in surrounding cities.
Major neighborhoods
West Hialeah · East Hialeah · Hialeah Acres · Palm Springs North · East Palm Avenue corridor
Common eviction scenarios in Hialeah
Non-payment on a Spanish-language lease
Florida law does not require notices to be served in Spanish, but if the lease was negotiated and signed in Spanish (common in Hialeah), serving the 3-Day Notice in both English and Spanish reduces the risk of a tenant defense based on lack of understanding. The English version is the legally controlling text.
Section 8 tenant non-payment in a Hialeah duplex
Section 8 / Housing Choice Voucher tenants have additional procedural protections under HUD regulations. The 3-Day Notice still applies for the tenant's portion of the rent, but you must also notify the local Public Housing Authority and follow the voucher contract's termination procedures. Consider specialist counsel for Section 8 cases.
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Hialeah does not have its own tenant ordinances in force. Florida HB 1417 (effective July 1, 2023) preempted all city- and county-level tenant protection ordinances under Fla. Stat. § 83.425. Read more about HB 1417 preemption.
The eviction process is the same as the rest of Miami-Dade
Notice requirements, filing courthouse, fees, and Sheriff service are identical across all of Miami-Dade County under Florida Statutes Chapter 83.
- · Filing courthouse: Miami-Dade County Civil Courthouse, 73 W Flagler St, Miami, FL 33130
- · Standard filing fee: $185 (residential summary procedure)
- · Each additional defendant: $10
- · Sheriff service per address: ~$40
Hialeah-specific FAQ
Can I serve a 3-Day Notice in Spanish only in Hialeah?
Florida Statute § 83.56 doesn't require any specific language for notices, but the legally controlling version should be in English. In Hialeah, where leases are commonly in Spanish, best practice is to serve the notice in both English and Spanish — the English version controls, and the Spanish copy reduces tenant defenses based on lack of understanding.
How do I evict a Section 8 tenant in Hialeah?
A Housing Choice Voucher tenant has the same statutory eviction process for the tenant's portion of unpaid rent (3-Day Notice under § 83.56(3)). However, you must also notify the local Public Housing Authority of the eviction and follow the voucher contract's termination procedures. HUD compliance is a separate layer; specialist counsel is recommended.
Do I need a Spanish-speaking process server in Hialeah?
Not legally required, but practically helpful. The Sheriff serves writs of possession regardless of language. For initial eviction service of summons and complaint, a process server who can clearly communicate in Spanish reduces the chance of a defective-service defense.
I own a single duplex in Hialeah. Can I evict pro se?
Yes — individual landlords (sole owners) may represent themselves in Florida county court. Only LLCs, corporations, partnerships, and trusts must be represented by a Florida-licensed attorney under Rule 1.040. If you are an individual landlord, you can file the eviction yourself at the Miami-Dade Civil Courthouse.
Other Miami-Dade cities we cover
The same Florida statute applies countywide, but property types and rental markets vary.
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