Eviction Laws in Miami, Florida
Miami is Florida’s second-largest city and one of the most complex rental markets in the United States, with a population approaching 470,000 in the city proper and over 2.7 million across Miami-Dade County. The rental market is driven by international finance, trade, tourism, and a massive Latin American diaspora that makes Miami one of the most culturally and economically diverse cities in the country. Miami consistently ranks among the least affordable rental markets in the nation — median rents have climbed sharply over the past several years, the cost-burden rate among renters is among the highest in the US, and demand remains intense despite a recent softening from pandemic-era peaks. For landlords, that means a large tenant pool, high rents, and strong income potential — but also a higher-than-average frequency of nonpayment disputes driven by cost-burdened tenants stretched beyond their means.
Florida’s eviction framework under F.S. Chapter 83 applies uniformly in Miami and Miami-Dade County, and the state’s landlord-friendly process gives owners powerful tools to move quickly. For nonpayment of rent, landlords must serve a written 3-Day Notice to Pay Rent or Vacate — excluding weekends and legal holidays — before filing. For curable lease violations, a 7-Day Notice to Cure applies; for serious or incurable violations, a 7-Day Unconditional Quit Notice. Once the notice period expires, the landlord files a Complaint for Eviction with Miami-Dade County Court. The tenant has just 5 business days to respond. After a favorable judgment, a Writ of Possession is issued and the tenant has 24 hours to vacate before the Miami-Dade Sheriff enforces removal. Florida imposes no rent control and no security deposit cap, though strict 15/30-day return rules protect both parties.
Miami & Miami-Dade County — Local Rules That Affect Landlords
No rent control. Florida state law preempts local rent regulation and Miami has none — a significant advantage in a market where tenant advocacy groups have repeatedly pushed for local controls.
Short-Term Rental Restrictions. Miami has enacted significant STR regulations. Miami Beach prohibits most rentals under 6 months in residential zones. The City of Miami limits STRs to primary residences in certain districts. Landlords operating or considering vacation rentals must verify current zoning compliance — operating an unpermitted STR creates legal exposure that can complicate standard eviction proceedings.
Miami-Dade Court Volume. Miami-Dade County Court handles one of the highest volumes of eviction cases in Florida. While the legal process is the same as elsewhere in the state, hearing schedules can run longer than smaller counties. Budget for a realistic 4–8 week timeline from filing to writ execution in contested cases.
Bilingual Lease Considerations. Miami’s predominantly Spanish-speaking tenant pool means lease disputes sometimes involve language comprehension issues. Courts have occasionally considered whether non-English-speaking tenants fully understood lease terms. Using bilingual leases or addenda in high-Spanish-speaking markets reduces dispute risk and strengthens your position in eviction proceedings.
Security Deposit Rules. Florida requires landlords to notify tenants in writing within 30 days of receiving a deposit — where it is held and whether it is interest-bearing. Failure to comply forfeits deposit claim rights, a defense Miami tenants and their attorneys raise frequently.
Miami-Dade County Court — Where Miami Landlords File
Miami landlords file eviction actions at Miami-Dade County Court, Civil Division, located at 73 W Flagler St, Miami, FL 33130, phone (305) 275-1155, open Monday through Friday 8:00 a.m. to 5:00 p.m. File a Complaint for Eviction and pay the filing fee of approximately $185 plus $10 per defendant for summons issuance. The clerk issues a 5-business-day summons served by the Miami-Dade Sheriff or a certified process server. If the tenant does not respond within 5 business days, file a Motion for Default. If the tenant responds and deposits rent into the court registry, a hearing is set. After a favorable judgment, a Writ of Possession is issued and the tenant has 24 hours to vacate before the sheriff executes removal. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is illegal under F.S. § 83.67 and exposes landlords to damages of up to 3 months’ rent plus attorney fees.
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