Quick Answers
- Uncontested: About 3 to 4 weeks from filing to final judgment. Miami-Dade's writ of possession process, if needed, can take longer than in most counties.
- Contested: About 4 to 6 weeks to get a final judgment, depending on the defenses and whether the court wants to set the case for hearing or not.
- Before filing: The correct notice must be served and allowed to expire, such as a 3-day notice for nonpayment under section 83.56(3).
- Tenant's response window: 5 days after service, excluding weekends and legal holidays.
- Where it is filed: Miami-Dade County Court, through the Miami-Dade Clerk of the Court and Comptroller.
- Who enforces the writ: The Miami-Dade Sheriff's Office. The writ fee is $115.
- Statewide rules apply: Miami-Dade's 2022 Tenant Bill of Rights was preempted by state law in 2023, so Florida's landlord tenant statute governs.
Evicting a Tenant in Miami-Dade?
We file evictions throughout Miami-Dade County and handle every step through the writ.
Miami-Dade landlords follow the same eviction statute as every other Florida county, but the county's size changes how the process feels. Miami-Dade handles more landlord tenant cases than anywhere else in the state, writs are now enforced by a sheriff's office that only began operating in 2025, and much of the rental stock is in large condo and apartment buildings where service of process takes more planning. None of that changes the statutory deadlines. It changes where delays come from. This guide lays out a realistic Miami-Dade timeline stage by stage, what makes it faster or slower, and what it costs. For the full statewide process, see the Florida eviction court process.
The Miami-Dade Eviction Timeline, Stage by Stage
This is what an uncontested residential eviction for nonpayment looks like when the notice is correct and the tenant is served promptly.
| Stage | Typical timing |
|---|---|
| Serve the notice and let it expire | 3 business days for a nonpayment notice, excluding weekends and legal holidays |
| File with the Miami-Dade Clerk | Within a few days after the notice expires |
| Serve the tenant with the summons | Typically 2 to 3 days if using a private process server; longer with the Sheriff |
| Tenant's response window | 5 days after service, excluding weekends and legal holidays |
| Default and final judgment | Days to a few weeks, depending on the court's calendar |
| Writ issued, posted, and executed | The Sheriff's Office posts the writ, and the tenant has 24 hours to leave |
| Total, uncontested | About 3 to 4 weeks to get a final judgment |
Before You File: Choosing the Right Notice
The court clock does not start until the correct notice has been served and has expired. Using the wrong notice is a common reason Miami-Dade cases are dismissed and refiled.
| Situation | Notice | Waiting period |
|---|---|---|
| Unpaid rent | 3-day notice to pay or vacate, section 83.56(3) | 3 business days |
| Curable lease violation | 7-day notice to cure, section 83.56(2)(b) | 7 days |
| Serious or repeated violation | 7-day notice without opportunity to cure, section 83.56(2)(a) | 7 days |
| Ending a month-to-month tenancy | 30-day written notice, section 83.57(3) | At least 30 days before the end of a rental period |
See what happens after a 3-day notice and evicting a month-to-month tenant for the details of each.
Uncontested vs. Contested in Miami-Dade
| Factor | Uncontested | Contested |
|---|---|---|
| Timeline | About 3 to 4 weeks to get a final judgment | About 4 to 6 weeks to get a final judgment |
| Tenant response | None filed within 5 business days | Any written response filed with the court |
| Registry deposit | Not applicable | Required for any defense other than payment |
| Court appearance | Usually none for the landlord | Hearing is possible, and possibly mediation first |
A tenant who raises any defense other than payment must deposit the rent alleged due into the court registry within the 5-day window, under section 83.60(2). If the tenant does not, the defenses are waived and the landlord is entitled to an immediate default. That rule applies in Miami-Dade exactly as it does statewide. For more, see what happens in a contested eviction.
What Is Different About Miami-Dade
The statute is the same everywhere in Florida, but several local factors shape Miami-Dade timelines.
- Volume. Miami-Dade County Court handles the largest landlord tenant docket in Florida. Uncontested defaults usually move on paper, but contested hearings and writ execution can take longer to schedule than in smaller counties.
- A new sheriff's office. Since January 2025, writs of possession in Miami-Dade have been executed by the Miami-Dade Sheriff's Office, which replaced the Miami-Dade Police Department in that role. The writ fee is $115.
- Secured buildings. Much of the county's rental housing is in gated communities and high-rise buildings. Process servers can need extra attempts or building cooperation to reach the unit, which adds days to service.
- No local tenant ordinance. Miami-Dade adopted a Tenant Bill of Rights in 2022, but in 2023 the Legislature preempted local regulation of residential tenancies under section 83.425. State law, not the county ordinance, governs Miami-Dade evictions today.
What Speeds Up a Miami-Dade Eviction
- A correct notice. The 3-day notice must demand rent only, in the exact amount owed, with the correct deadline excluding weekends and court holidays.
- Prompt filing. File as soon as the notice expires without payment.
- Accurate unit information. In large buildings, the full address, unit number, and any access instructions help the process server serve the tenant on the first attempt.
- No partial rent. Accepting rent after the notice can waive the right to evict on that notice. See accepting partial rent after a 3-day notice.
- Moving for default immediately. When the 5-day window closes without an answer or a registry deposit, ask for default right away.
What Slows It Down
The most common delays are self-inflicted: a notice that adds late fees to the rent demand or miscounts the days, accepting partial rent after serving notice, service problems in secured buildings, and a tenant answer that the landlord does not challenge under the registry rule. A defective notice is the worst of these, because it can force the landlord to serve a new notice and start over.
In Miami-Dade, the delay landlords notice most is usually not the judgment; it is the writ stage after it. The writ has to be issued, delivered to the Sheriff's Office, posted, and executed, and in a high-volume county each handoff takes time. Requesting the writ the same day the judgment is entered keeps that stage as short as possible.
The second is service in secured buildings. A landlord who gives the process server the unit number, gate or concierge instructions, and the tenant's schedule up front often saves a week that would otherwise be lost to failed attempts.
After the Writ: Belongings Left Behind
When the Sheriff's Office executes the writ, the tenant must be out. Under section 83.62, once the writ is executed, the landlord or the landlord's agent may remove personal property left in the unit, and the landlord is not liable for that property, though landlords should still handle it carefully and document its condition. Rekeying the unit right after the sheriff restores possession is standard practice, and photographs of the unit's condition help with any later security deposit claim. Any unpaid rent is a separate question: it can be collected through the money judgment if the tenant was personally served, or in a separate action if not.
Commercial Evictions in Miami-Dade
Commercial tenancies follow a different part of Chapter 83 with its own notice and court rules, and Miami-Dade's large commercial and retail market makes them common. Timelines and costs differ from residential cases, and the lease terms carry more weight. See how commercial evictions work in Florida.
What a Miami-Dade Eviction Costs
Court costs in Miami-Dade follow the statewide schedule, with a higher sheriff's fee for the writ.
| Court cost | Amount |
|---|---|
| Filing fee | $185 |
| Summons | $10 per summons |
| Process server | About $40 |
| Sheriff's writ of possession | $115 in Miami-Dade |
Attorney fees are separate and vary widely from firm to firm; the same uncontested eviction can cost $1,500 or more with some attorneys. Our fee for an uncontested residential eviction is a flat $295. Contested cases cost more because of the hearing and any motions. See how much a Florida eviction costs.
Filing an eviction in Miami-Dade County?
Kelley, Grant & Tanis handles evictions throughout Miami-Dade County and has handled more than 40,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. Related reading: Broward County eviction timelines, Palm Beach County eviction timelines, and our Miami-Dade eviction practice.
Frequently Asked Questions
How long does an uncontested eviction take in Miami-Dade?
About 3 to 4 weeks from filing to final judgment is the statewide baseline for an uncontested residential eviction. Miami-Dade's high caseload and the writ stage can stretch that somewhat, so landlords should plan for the upper end.
How long does a contested eviction take in Miami-Dade?
Usually about 4 to 6 weeks to get a final judgment, depending on the defenses raised, whether a hearing or mediation is required, and the court's hearing calendar.
Who enforces eviction writs in Miami-Dade?
The Miami-Dade Sheriff's Office, which took over the role from the Miami-Dade Police Department in January 2025. The sheriff posts the writ, the tenant has 24 hours to leave, and the fee is $115.
Where are evictions filed in Miami-Dade?
In Miami-Dade County Court, through the Miami-Dade Clerk of the Court and Comptroller. Residential evictions are county court cases regardless of where in the county the property is located. Our firm and other law firms file evictions electronically, and the Clerk receives them instantly.
Does the Miami-Dade Tenant Bill of Rights still apply?
No. In 2023 the Legislature preempted local regulation of residential tenancies to the state under section 83.425, so Florida's landlord tenant statute, not the 2022 county ordinance, governs Miami-Dade evictions.
How much does an eviction cost in Miami-Dade?
Court costs are a $185 filing fee plus $10 per summons, about $40 for service, and a $115 sheriff's fee for the writ. Attorney fees vary widely by firm; our fee for an uncontested residential eviction is a flat $295.
What is the most common cause of delay in a Miami-Dade eviction?
A defective notice, such as one that adds late fees to the rent demand or miscounts the deadline. It can force the landlord to serve a new notice and start over. Service problems in secured buildings are a close second.
Can I change the locks to speed things up?
No. Changing locks, removing belongings, or shutting off utilities is a prohibited practice under section 83.67 and can make the landlord liable for damages. Only the sheriff can remove a tenant, after a writ of possession.
Can I file an eviction myself in Miami-Dade?
An individual landlord can file without an attorney, but a business entity such as an LLC generally needs one to appear in court. Most delays in self-filed cases come from defective notices and paperwork errors that send the landlord back to the start.
Does the tenant have to pay rent into the court registry in Miami-Dade?
Yes, if the tenant raises any defense other than payment. Under section 83.60(2), the tenant must deposit the rent alleged due within 5 business days of service, or the defenses are waived and the landlord can obtain an immediate default.