Evicting a Tenant in Miami Beach, Florida
How to evict a tenant in Miami Beach, FL. Florida Statute § 83.56 process, short-term rental considerations, and Miami-Dade Clerk filing details.
About Miami Beach's rental market
Miami Beach is a barrier-island city with a distinctive rental market: historic Art Deco apartment buildings concentrated in South Beach, modern oceanfront condos in Mid-Beach and North Beach, and intense pressure from short-term rental conversions. Tourist seasonality drives a meaningful portion of the rental market, and the city has its own active code-compliance enforcement around short-term-rental violations.
Major neighborhoods
South Beach · Mid-Beach · North Beach · Sunset Harbour · Flamingo / Lummus
Common eviction scenarios in Miami Beach
Tenant operating an unauthorized Airbnb in your Miami Beach condo
Miami Beach aggressively enforces its short-term-rental restrictions, and most leases prohibit STR activity. Serve a 7-Day Notice of Noncompliance with Opportunity to Cure citing the lease clause and the city's STR code. If the violation repeats within 12 months, you may serve without cure.
Seasonal tenant who paid upfront refuses to leave at term's end
Once the lease term expires, if the tenant remains they're a holdover. If no new lease is signed, the tenancy converts to month-to-month — serve a 15-Day Notice of Termination (Fla. Stat. § 83.57) before filing.
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Miami Beach 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
Miami Beach-specific FAQ
Does Miami Beach still have its 60-day rent-increase notice ordinance?
No. Miami Beach passed a 60-day notice-of-rent-increase ordinance in February 2021, but Florida HB 1417 (effective July 1, 2023, codified at Fla. Stat. § 83.425) preempted all such local ordinances. Florida state law alone governs landlord-tenant relationships in Miami Beach today.
My tenant is running an Airbnb out of my Miami Beach unit. Can I evict?
Yes, if the lease prohibits short-term rentals or subletting. Serve a 7-Day Notice of Noncompliance with Opportunity to Cure (Fla. Stat. § 83.56(2)(b)) describing the violation. Many Miami Beach leases also reference the city's STR code directly.
Do historic-district preservation rules affect how I evict?
No. Eviction is governed exclusively by Florida state law (Ch. 83) and the Miami-Dade Clerk's procedures. Miami Beach's historic preservation rules apply to building modifications and renovations, not to landlord-tenant disputes.
How do I evict a seasonal tenant who paid the full term upfront?
Pre-payment doesn't change the procedural rules. If the term has expired, serve a 15-Day Notice of Termination (§ 83.57) for the resulting month-to-month tenancy. If a lease violation occurred during the term, serve the appropriate notice (3-Day for non-payment, 7-Day for other violations) regardless of pre-payment.
Other Miami-Dade cities we cover
The same Florida statute applies countywide, but property types and rental markets vary.
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