NYC vs. Miami Eviction: Key Differences Every Landlord Should Know

Required notice before filing

NYC: A "Rent Demand" giving the tenant at least 14 days to pay. Must state exact amounts by month and a name/address to pay.

Miami-Dade: A "3-Day Notice to Pay or Vacate" giving 3 business days (excluding weekends and legal holidays). Must state exact rent amount and a payment address. No late fees may be included.

Where you file

NYC: NYC Housing Court (a division of the Civil Court) in the borough where the property is located.

Miami-Dade: Miami-Dade County Court, Civil Division. The clerk's office is at the Lawson E. Thomas Courthouse Center (175 NW 1st Ave) or a branch courthouse.

Filing fees (approximate)

NYC: $45 for non-payment; $210 for holdover.

Miami-Dade: $185–$400 depending on the amount of rent claimed. Separate fee for the summons.

Tenant's time to respond

NYC: The tenant must appear on the return date stated in the Notice of Petition (10–17 days after filing). They do not file a written answer in advance.

Miami-Dade: After being served with the eviction complaint, the tenant has 5 business days to file a written answer with the clerk. If no answer is filed, you may seek a default.

Tenant right to counsel

NYC: Universal right to counsel for income-eligible tenants in all five boroughs. Free attorneys are assigned through organizations like Legal Aid and The Legal Services Corporation. This substantially slows proceedings.

Miami-Dade: No universal right to counsel for tenants. Low-income tenants may seek help from legal aid organizations, but there is no guarantee. Proceedings typically move faster as a result.

Typical timeline (non-payment, uncontested)

NYC: 3–6 months from notice to marshal execution, assuming the tenant does not contest and a stipulation is reached early. Contested cases: 6–18 months.

Miami-Dade: 4–8 weeks from the 3-day notice to writ of possession, if the tenant does not file an answer or files a weak defense. Contested cases: 3–5 months.

Who executes the eviction

NYC: A licensed City Marshal (private officer appointed by the Mayor). The marshal charges a fee that is part of court costs.

Miami-Dade: The Miami-Dade Sheriff's Office (MDSO) serves the Writ of Possession and supervises the lockout.

Self-help eviction risk

Both: Illegal and a serious legal risk. In New York, it is a criminal offense (Penal Law § 241). In Florida, a landlord who removes a tenant's belongings or locks them out without a writ of possession is liable for actual and consequential damages under Florida Statute § 83.67 — up to 3 months' rent as a penalty.

Bottom line

Miami-Dade evictions are meaningfully faster than NYC evictions. But both require precise compliance with notice rules, proper service, and accurate documentation. A defective notice in either city restarts the clock.