Housing conflicts in Miami
Miami-Dade County handles thousands of residential occupancy disputes each year through its County Court. Whether you're a landlord dealing with unpaid rent, a homeowner whose roommate won't leave, or a tenant facing a lockout, the Florida procedure is strict, deadline-driven, and unforgiving of paperwork errors — and one wrong notice can restart the clock by weeks.
Florida treats occupancy disputes differently depending on the underlying relationship. A tenant with a lease who stopped paying rent is handled as a Chapter 83 eviction starting with a 3-day notice (excluding weekends and holidays) and filed with the Miami-Dade Clerk of Courts for a $185 filing fee plus $10 per summons. A roommate or overstayed guest who never had a lease and never paid rent is a Chapter 82 unlawful detainer, a faster summary proceeding that does not require a prior notice to vacate but requires a verified complaint. An ejectment action under Chapter 66 is reserved for cases involving claims of ownership or title — significantly slower and more expensive.
Miami-Dade's residential eviction process requires strict adherence to statutory notice requirements. Serving the wrong type of notice, using the wrong number of days, or failing to exclude weekends and legal holidays from the count can render the notice defective and require you to start over. Once past the notice stage, the Clerk of Courts provides a residential eviction package with fill-in forms, and the Sheriff's Office serves summons and executes writs of possession.
Topics we cover in Miami
Notice to vacate
Received a Notice to Vacate in Miami, FL
Receiving a notice to vacate can be alarming, but it does not mean you have to leave immediately. Florida law prescribes specific timelines …
Read full guide →Roommate won't leave
Roommate Won't Leave in Miami, FL
Under Florida law, a roommate who refuses to leave is treated as a tenant — even without a written lease. You cannot simply change the locks…
Read full guide →Squatter removal
How to remove a squatter in Miami: the new Florida law and when you still need court.
Florida passed HB 621 in 2023 — a law that allows property owners to request Sheriff removal of squatters without a court order in specific …
Read full guide →Security deposit
Miami security deposit rules for landlords: what Florida law requires.
Florida has no statutory maximum on security deposits — but it has very specific rules about how to hold the deposit, when to return it, and…
Read full guide →Eviction timeline
How long does an eviction take in Miami? (2026 timeline)
Florida is one of the most landlord-friendly eviction jurisdictions in the US — an uncontested Miami-Dade eviction can resolve in 3 to 5 wee…
Read full guide →Eviction cost
How much does an eviction cost in Miami? (2026 breakdown)
Florida evictions cost significantly less than New York City evictions — but the costs still add up, especially if the tenant contests the c…
Read full guide →Unlawful Detainer
Florida unlawful detainer in Miami: removing a roommate or guest who has no lease.
If someone is living in your Miami property without a lease and without paying rent, Florida gives you a faster path than standard eviction …
Read full guide →3-Day Notice
The 3-day notice in Miami: how to serve it correctly the first time.
A 3-day notice is the required first step before filing an eviction in Miami-Dade County. But it's also the step where most self-represented…
Read full guide →Local resources
Miami-Dade Clerk of the Courts
Eviction filings, forms, residential eviction packages
Lawson E. Thomas Courthouse Center, 175 NW 1st Ave, Miami, FL 33128
Miami-Dade Sheriff's Office — Court Services Bureau
Summons service and writ of possession execution
601 NW 1st Court, 9th Floor, Miami, FL 33136
Legal Services of Greater Miami
Free civil legal assistance for income-eligible residents
4343 W Flagler St, Suite 100, Miami, FL 33134
Dade Legal Aid / Put Something Back
Pro bono attorney matching for qualifying cases