Miami Eviction Process Explained (Step-by-Step Guide for Landlords — 2025)

Evicting a tenant in Miami is faster and more straightforward than in most states, thanks to Florida’s landlord-friendly laws. However, the process must be executed with precision. Any mistake, missed notice, or incorrect form can delay the eviction—or even invalidate it entirely.

This guide breaks down the complete Miami eviction process, step by step, so landlords know exactly what to do, when to act, and how to handle tenant violations legally and efficiently.

1. The Three Main Reasons You Can Evict a Tenant in Miami

Under Florida law, evictions typically fall into three categories:

• Non-payment of rent
• Lease violations (unauthorized occupants, pets, subleasing, HOA violations)
• Holdover tenancy (tenant refuses to leave after lease expires)

The process varies slightly depending on the reason, but the structure is similar.

2. Step One: Serve the Correct Legal Notice

Florida requires landlords to provide a specific written notice before filing an eviction. These notices must be delivered properly and include all required legal language.

✔ For Non-Payment of Rent: “3-Day Notice to Pay or Vacate”

• Gives the tenant 3 business days to pay the full amount owed
• Weekends and holidays do not count
• If they do not pay, you may file an eviction lawsuit

✔ For Lease Violations: “7-Day Cure Notice”

• The tenant has 7 days to correct the violation
• If they fail to cure it, you may proceed with eviction

✔ For Repeated or Serious Violations: “7-Day Unconditional Quit Notice”

• No opportunity to fix the violation
• Used for repeated issues, property damage, or illegal activities

Important: Notices must be posted on the door AND mailed, or hand-delivered. Incorrect service delays the entire case.

3. Step Two: File an Eviction Lawsuit (Summons + Complaint)

If the tenant ignores the notice, the landlord files an eviction case in the Miami-Dade County Court. The court will issue:

• Summons — official judicial notification
• Complaint — formal eviction claim

A process server delivers these documents to the tenant.

4. Step Three: Tenant Must Respond (or Automatically Lose)

In Florida, tenants have only:

• 5 business days to respond for non-payment cases
• 7 days for other violations

If the eviction is for unpaid rent, the tenant must deposit the full amount owed into the court registry. If they fail to do this, the landlord wins the case automatically.

5. Step Four: Court Judgment

If the tenant:

• doesn’t respond
• fails to deposit rent into court
• or the evidence favors the landlord

The judge will issue a Final Judgment for Eviction. This gives the landlord legal possession of the property.

6. Step Five: Sheriff Issues the “Writ of Possession”

The last step is execution of the eviction:

• The sheriff posts a 24-hour notice on the door
• If the tenant is still inside after 24 hours → sheriff removes them
• The landlord can then change the locks

Only the sheriff can physically remove a tenant in Florida. Landlords cannot change locks, shut off utilities, or remove belongings on their own.

7. How Long Does a Miami Eviction Take?

When handled correctly, the timeline is fast:

• Non-payment of rent: 15–30 days
• Lease violations: 25–40 days
• Holdover tenants: 15–25 days

Cases take longer only if notices are served incorrectly, paperwork is incomplete, or the landlord waits too long to act.

8. What You Can and Cannot Do During the Eviction Process

Landlords CANNOT:

• Change the locks
• Shut off power, AC, or water
• Remove tenant belongings
• Harass the tenant

Landlords CAN:

• Serve legal notices
• Demand full payment
• File eviction immediately after the notice period
• Use the sheriff to regain possession

9. How to Prevent Evictions Before They Start

Most evictions are preventable with proper screening and systems:

• Strong lease agreement
• Strict screening (credit, background, eviction history)
• Clear communication at lease signing
• Online payment systems with auto-reminders
• Quarterly inspections

A proactive approach saves landlords months of stress and thousands of dollars.

Conclusion

The Miami eviction process is fast and structured, but only when executed correctly. From proper notice delivery to court filings and sheriff coordination, landlords must follow each step precisely to protect their rights and recover their property quickly.

Handled professionally, an eviction in Miami becomes a streamlined legal procedure—not a long-term problem.

Need help with notices, legal compliance, or full property management?

I handle screening, leasing, notices, legal coordination, rent collection, inspections, and full property oversight to protect your investment.

Thiago M. Caruso — Miami Real Estate Advisor