Evicting a Tenant in Miami, Florida
How to evict a tenant in the City of Miami, FL. Florida Statute § 83.56 process, neighborhood-specific notes for Brickell to Little Havana, and Miami-Dade Clerk filing details.
About Miami's rental market
The City of Miami is the largest municipality in Miami-Dade County and a major U.S. urban core. Its rental market is genuinely heterogeneous — luxury Brickell high-rises, art-district lofts in Wynwood, working-class apartments in Little Havana and Allapattah, and family neighborhoods in Coral Way and Coconut Grove all coexist within city limits. Eviction filing volume in the City of Miami is the highest in Miami-Dade County by a wide margin.
Major neighborhoods
Brickell · Wynwood · Little Havana · Coconut Grove · Coral Way · Allapattah · Edgewater · Liberty City
Common eviction scenarios in Miami
Brickell luxury condo tenant running an unauthorized business from the unit
High-rise Brickell condos commonly prohibit commercial use in both the lease and HOA rules. If your tenant is operating a business or short-term rental from the unit, this is a curable lease violation. Serve a 7-Day Notice of Noncompliance with Opportunity to Cure citing the specific lease provision violated.
Family non-payment in a Coral Way duplex
For straightforward non-payment of rent, serve a 3-Day Notice to Pay Rent or Deliver Possession (Fla. Stat. § 83.56(3)) — three business days excluding weekends and legal holidays. If unpaid by the deadline, file at the Miami-Dade Civil Courthouse.
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Miami 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-specific FAQ
Does the City of Miami have its own tenant protections beyond Florida state law?
No, not anymore. The City of Miami previously passed tenant protection ordinances, but Florida HB 1417 (effective July 1, 2023, codified at Fla. Stat. § 83.425) preempted all local landlord-tenant ordinances statewide. Today only Florida state law (Chapter 83) applies to evictions in the City of Miami.
How do I serve a 3-Day Notice in a Brickell high-rise with security?
Florida Statute § 83.56 permits service by hand delivery, posting on the premises (after diligent search and inquiry), or by U.S. Mail. If the building blocks personal access, posting and U.S. Mail are accepted alternatives. Always document the method, date, and time of service for the Certificate of Service.
Can I evict a tenant for short-term rental (Airbnb) activity in my Miami condo?
Yes, if the lease prohibits subletting or short-term rentals. Serve a 7-Day Notice of Noncompliance with Opportunity to Cure under Fla. Stat. § 83.56(2)(b), describing the violation. If the tenant continues or repeats the violation within 12 months, you may proceed without a further cure period.
What's the typical eviction timeline in the City of Miami?
A straightforward, uncontested non-payment eviction in the City of Miami follows the same Miami-Dade County timeline: 3–5 weeks from Notice service to writ of possession. Contested cases can extend to 60–90 days. The high case volume in the City of Miami can sometimes add a few days to courthouse scheduling.
Other Miami-Dade cities we cover
The same Florida statute applies countywide, but property types and rental markets vary.
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