Landlord Tenant Attorney Miami, FL

Owning rental property in Miami-Dade County means dealing with Florida’s landlord-tenant statutes, and those statutes have specific deadlines that do not forgive mistakes. Miss the 30-day window on a security deposit notice and you forfeit your right to claim damages. Serve the wrong eviction notice and the court throws out your case. Accept partial rent at the wrong time and you waive your right to proceed.

Kelley, Grant & Tanis represents landlords across Miami-Dade in evictions, lease enforcement, security deposit disputes, and tenant compliance matters. Whether you own a single rental in Kendall or manage a portfolio in Doral, our attorneys handle the legal work so you can focus on your properties.

Need legal help with a tenant issue? Call 877-871-8300 or contact us online to speak with a landlord-tenant attorney today.

What We Handle for Miami Landlords

The term “landlord-tenant attorney” covers more than evictions. Here’s the full scope of what our firm does for property owners in Miami-Dade County:

Service	What’s Involved	When You Need It
Eviction filings	Notice preparation, complaint filing, court representation, writ of possession	Tenant hasn’t paid rent, violated the lease, or won’t vacate after notice
Security deposit claims	Drafting the statutory notice, documenting damages, responding to tenant objections	Tenant moved out and you need to retain part or all of the deposit
Lease drafting and review	Creating or revising residential leases to comply with Chapter 83 and protect your interests	Starting a new tenancy, renewing, or discovering your current lease has gaps
Tenant compliance issues	Issuing cure notices, documenting violations, advising on escalation	Unauthorized occupants, pets, noise, property damage, or repeated late payments
Lease termination	Proper notice for non-renewal, month-to-month termination, or early termination	You want a tenant out at the end of the lease term or during a month-to-month tenancy
Contested eviction defense	Responding to tenant counterclaims, attending mediation, trial representation	The tenant has filed an answer, raised defenses, or hired their own attorney

Need to file for eviction in Miami-Dade? Our attorney fee for an uncontested eviction is $295, with court costs and service fees additional. For other matters, contact us to discuss your situation.

Security Deposit Rules Every Miami Landlord Must Follow

Security deposit disputes are one of the most common landlord-tenant issues in Florida, and one of the easiest to lose on a technicality. Section 83.49 of the Florida Statutes sets out specific requirements that landlords must follow precisely:

If you’re not claiming any damages: Return the full deposit within 15 days of the tenant vacating.

If you intend to claim part or all of the deposit: Send written notice by certified mail to the tenant’s last known address within 30 days of the tenant vacating. The notice must use the specific statutory language prescribed by Section 83.49(3)(a); a paraphrased version won’t satisfy the requirement.

If the tenant doesn’t object within 15 days: You may deduct the claimed amount and return the balance within 30 days of your notice.

If you miss the 30-day deadline: You forfeit your right to claim against the deposit, even if the tenant caused real damage. Courts have consistently held that failure to send timely notice by certified mail results in waiver.

This is an area where many landlords lose money they were legally entitled to keep, simply because they didn’t follow the statutory procedure. Our attorneys draft compliant claim notices, document damages properly, and handle disputes if the tenant objects.

Lease Drafting and Review

A lease downloaded from the internet may cover the basics, but it probably doesn’t account for Florida-specific requirements under Chapter 83 of the Florida Statutes. A poorly drafted lease creates problems during enforcement; vague language around late fees, missing maintenance obligations, or non-compliant security deposit disclosures can undermine your position if you need to take action later.

A well-drafted Florida residential lease should address:

• Rent amount, due date, grace period, and late fee terms
• Security deposit amount, location of the account, and the required statutory disclosure language
• Maintenance obligations for both landlord and tenant
• Rules on occupancy limits, pets, vehicles, and guest policies
• Renewal terms, auto-renewal provisions, and termination notice periods
• Attorney fee provisions for enforcement actions
• Compliance with Florida’s 2023 preemption law, which sets statewide standards that override local ordinances

Our firm reviews existing leases for enforceability issues and drafts new leases that protect landlords while complying with current Florida law.

When a Tenant Dispute Becomes an Eviction

Not every landlord-tenant issue requires an eviction filing. Sometimes a properly served notice is enough to resolve the problem; the tenant pays, fixes the violation, or vacates. But when they don’t, the issue moves from a compliance matter to a court proceeding.

Here’s when our clients typically escalate from a notice to a formal eviction:

• The Three-Day Notice for nonpayment expires and the tenant hasn’t paid or vacated
• The Seven-Day Cure notice expires and the tenant hasn’t corrected the violation
• The tenant repeats the same violation within 12 months of a prior cure notice
• The Thirty-Day Notice for month-to-month termination expires and the tenant remains
• The lease has ended, the landlord served a non-renewal notice, and the tenant won’t leave

Once the notice period expires without resolution, we file a Complaint for Removal of Tenant with the Miami-Dade County Clerk of Court. The full eviction process, from filing through writ of possession, is detailed on our Miami-Dade eviction lawyers page.

Defending Against Tenant Counterclaims

In contested evictions, tenants sometimes raise defenses or counterclaims that can complicate the case. Common ones in Miami-Dade include:

Retaliation: The tenant claims the eviction is punishment for requesting repairs, reporting code violations, or exercising other legal rights. Under landlord-tenant law, retaliatory evictions are prohibited. Your attorney needs to demonstrate that the eviction is based on a legitimate lease violation, not the tenant’s protected activity.

Habitability: The tenant argues the property has conditions that make it unfit for occupancy and that the landlord failed to maintain it. If the landlord has documented maintenance and repair compliance, this defense is easier to rebut.

Improper notice: The tenant claims the notice was defective, whether the wrong type, wrong timeline, or wrong service method. This is the most common defense and the most preventable. Serving the correct notice correctly the first time eliminates this issue entirely.

Discrimination: The tenant alleges the eviction violates federal or state fair housing protections. HUD enforces these protections, and landlords must ensure their actions are based on legitimate, documented lease violations applied consistently.

Having an attorney from the start, particularly one who drafted or reviewed the notice, makes these defenses significantly harder for the tenant to sustain.

Miami Landlord-Tenant FAQ

How long does a landlord have to return a security deposit in Florida?

If the landlord does not intend to make a claim, the full deposit must be returned within 15 days of the tenant vacating. If the landlord intends to claim part or all of the deposit, they must send written notice by certified mail within 30 days. Missing these deadlines can result in forfeiture of the landlord’s right to retain any portion of the deposit, regardless of actual damages.

Can I evict a tenant for repeated late payments even if they eventually pay?

Yes. Repeated late payment is a lease violation that can justify a Seven-Day Notice to Cure. If the tenant repeats the same behavior within 12 months after receiving a cure notice, the landlord may issue a Seven-Day Unconditional Quit Notice without giving the tenant another chance to correct the issue.

What should a Florida residential lease include to protect the landlord?

A well-drafted Florida lease should include clear rent payment terms and late fee provisions, security deposit handling procedures compliant with Section 83.49, maintenance responsibilities for both parties, rules on occupancy limits and pets and vehicles, lease renewal and termination notice requirements, and an attorney fee provision for enforcement actions. Generic online lease templates often lack Florida-specific provisions required under Chapter 83.

What happens if a tenant claims I retaliated against them?

Florida law prohibits landlords from retaliating against tenants who exercise legal rights, such as requesting repairs or reporting code violations. If a tenant raises a retaliation defense during an eviction, the landlord must demonstrate that the action was based on a legitimate lease violation or business reason. An attorney can help document the grounds for eviction and defend against retaliation claims.

How much does a landlord-tenant attorney cost in Miami?

Kelley, Grant & Tanis charges a $295 attorney fee for an uncontested residential eviction. Court costs and service fees are additional. For other landlord-tenant matters such as lease review, security deposit disputes, or contested evictions, fees depend on the complexity of the issue. Call 877-871-8300 for a consultation.

Does Florida’s 2023 preemption law affect lease terms in Miami-Dade?

Yes. Section 83.425, F.S., effective July 1, 2023, preempts local landlord-tenant regulations that conflict with Chapter 83. This eliminated Miami-Dade ordinances that required 60-day notices for termination and special tenant disclosure requirements. Landlords in Miami-Dade now follow the statewide standards, including a 30-day notice period for terminating month-to-month tenancies.

When should a Miami landlord hire an attorney instead of handling a tenant issue themselves?

Legal counsel is particularly valuable when the tenant has hired an attorney or legal aid, when the tenant raises defenses or counterclaims, when you’re unsure which notice type to serve, when there is a security deposit dispute, when you manage property from out of state, or when lease terms need to be drafted or reviewed for enforceability under Florida law.

About Landlord-Tenant Law in Miami-Dade County

Miami-Dade is the largest rental market in Florida. With roughly 2.6 million residents and a rental vacancy rate that stays consistently tight, disputes between landlords and tenants are a daily occurrence across the county’s 34 municipalities. According to Legal Services Corporation data, Miami-Dade sees thousands of eviction filings annually, but eviction is only part of the picture. Security deposit claims, lease enforcement issues, and tenant compliance disputes often outnumber formal eviction proceedings.

All landlord-tenant cases in Miami-Dade are filed with the Clerk of the Court & Comptroller. Writs of possession are executed through the Miami-Dade Sheriff’s Office Court Services Bureau. The Miami-Dade Property Appraiser maintains records that landlords may need to reference for ownership verification and property details.

Whether your rental property is in Little Havana, Coconut Grove, Hialeah, Doral, Homestead, or Aventura, the filing procedures are the same, but the details of each case matter. Local court processing times, judge preferences, and tenant representation rates all vary, and an attorney familiar with Miami-Dade’s system can navigate these efficiently.

Kelley, Grant & Tanis, Landlord-Tenant Attorneys Serving Miami

Our firm represents property owners across South Florida in the full range of landlord-tenant matters. We are members of the Florida Bar Association, and our practice includes evictions, real estate law, association law, and estate planning.

For landlords who need eviction filing specifically, visit our Miami-Dade eviction lawyers page for pricing, process details, and timelines. For everything else, including lease review, security deposit claims, tenant disputes, and compliance notices, we’re here to help.

Call 877-871-8300 or contact us online to discuss your landlord-tenant matter.