Eviction in Miami: notice periods, court fees, and timeline.
A 6.1M-resident metro with Miami-Dade County's court rules. This page covers the exact procedural posture for a Florida non-payment eviction filed in Miami — notice periods, the courthouse, filing fees, and the typical filing-to-writ window.
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The numbers
Miami eviction by the calendar.
Court of jurisdiction
Miami-Dade County Court (Civil Division)
73 W Flagler St, Miami, FL 33130
Filing fee (residential)
$185
Plus service of process
Notice → service
1–3 business days
After 3-day notice expires
Service → hearing
10–18 days
Tenant has 5 days to answer
Hearing → writ of possession
5–10 days
If judgment for landlord
Statute
FL Stat. §83.56–§83.625
Florida residential L-T act
Definition
In Florida, the non-payment of rent eviction is initiated by serving a 3-day notice to pay or quit (excluding weekends and legal holidays), followed by a forcible-detainer action filed in the county court. The procedural windows on this page reflect Miami-Dade County practice as of 2026 under Florida Statutes §83.56(3) and §83.59.
What's different about Miami
County-specific practice notes.
Florida law is uniform statewide, but each county clerk and judge runs the docket differently. These are the Miami-Dade County specifics that shape your timeline.
- 1
Miami-Dade County Court runs the highest residential eviction volume in Florida — expect docket congestion. Filings made before 11 AM are typically processed same-day; afternoon filings push to next business day.
- 2
The 3-day notice in Miami-Dade excludes Saturdays, Sundays, and Florida legal holidays — including local Miami-Dade holidays. Notices served on a Friday before a long weekend often don't expire until the following Wednesday.
- 3
Miami-Dade is one of the few Florida counties that accepts e-filing of forcible-detainer complaints — most service providers route through the Florida Courts E-Filing Portal, which can shave 24 hours off the timeline vs. paper filings.
- 4
Rent must be deposited into the court registry by the tenant to contest the eviction. This deposit requirement is enforced strictly in Miami-Dade — tenants who fail to deposit are subject to default judgment without hearing.
- 5
Lockout coordination is handled by the Miami-Dade Sheriff's Office Civil Division. Once the writ of possession is issued, scheduling the lockout typically takes 5–10 business days. The landlord must be present at the lockout.
- 6
Miami-Dade has an active anti-displacement ordinance for some classes of housing — including Section 8 voucher properties. This does NOT override state eviction law but can extend cure periods. Verify your property's classification before filing.
FAQ
Miami eviction — common questions.
How long does an eviction take in Miami-Dade?
From service of the 3-day notice to the writ of possession in the sheriff's hands, expect 21–35 days for a straightforward non-payment case where the tenant does not contest. Contested cases (tenant deposits rent into registry, files defenses) add 30–60 days.
What's the filing fee for an eviction in Miami?
The Miami-Dade County Court charges $185 for a residential forcible-detainer (eviction) action as of 2026. This is in addition to service of process fees ($40–$80 depending on attempts) and the writ-of-possession fee ($85). Total court costs typically run $310–$350.
Can a Miami tenant block my eviction by paying rent late?
Under Florida Statute §83.56(3), a non-payment eviction can only be cured if the tenant pays the full amount within the 3-day notice period. After the notice expires and the case is filed, late payment does not automatically reinstate the tenancy — the landlord may accept it but is not required to.
Do I need a Florida-licensed attorney to file in Miami-Dade?
Individual property owners can file pro se. LLCs, corporations, and other entities must be represented by a Florida-licensed attorney in Miami-Dade County Court. Even for individuals, the procedural rules are unforgiving — most eviction filings that fail in Miami-Dade fail on technical defects in the notice or complaint.
What if my Miami tenant has Section 8?
Section 8 (Housing Choice Voucher) tenants are subject to additional federal notice requirements under HUD regulations. A standard Florida 3-day notice is NOT sufficient — a 10-day cure notice and 30-day termination notice are typically required. Filing without these will result in dismissal. Consult Florida-licensed eviction counsel before filing on a Section 8 tenant.
Other Florida cities
Filing somewhere else in Florida?
File your Miami eviction.
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Start the intakeLast updated: 2026-05. Statutes change with each FL legislative session — verify current windows with a Miami-licensed attorney before relying on dates.