Florida unlawful detainer in Miami: removing a roommate or guest who has no lease.

Is your situation unlawful detainer or eviction?

How unlawful detainer works in Miami-Dade

Unlike eviction under Chapter 83, unlawful detainer under Chapter 82 does not require you to serve a predicate notice before filing. However, most Miami-Dade judges expect to see that you communicated clearly to the occupant that their permission to remain has been revoked. A simple dated text message, email, or letter saying 'your permission to stay at [address] is revoked, please leave by [date]' is strongly recommended — even if not technically required.

1. 1

   Document that you revoked permission

   Send a dated text, email, or letter stating clearly that permission to remain is revoked and giving a date to leave. Keep a screenshot or copy. This is not legally required but strengthens your case significantly.

   Cost: $0 — do this before anything else
2. 2

   File the Complaint for Unlawful Detainer

   File at the Miami-Dade Clerk of Courts, Civil Division (Lawson E. Thomas Courthouse Center, 175 NW 1st Ave, Miami, FL 33128). The complaint must name each occupant, describe the property, and state your right to possession. Attach chain-of-title documentation (deed if owner, lease if you are the tenant).

   Filing fee: ~$185
3. 3

   Have the Summons served by the Sheriff or process server

   The Miami-Dade Sheriff's Office Court Services Bureau (601 NW 1st Court, 9th Floor) serves process for $40 per defendant. Private process servers typically charge $50-150 with faster turnaround. The Sheriff requires payment by check from a Miami-Dade County banking institution with your name pre-printed.

   Sheriff: $40/defendant · Private server: $50-150
4. 4

   Wait the 5-day response window

   Florida unlawful detainer uses summary procedure under FL Stat. § 51.011. The defendant has 5 business days after service to file an Answer. Most uncontested cases produce no response, which lets you proceed to default judgment.

   5 business days — excludes weekends and holidays
5. 5

   Default judgment or hearing

   If no answer is filed, move for default judgment — the clerk enters judgment for possession. If the occupant answers, the court schedules a hearing typically within 2-4 weeks in Miami-Dade County Court.

   Default: ~1 week · Contested: 2-6 weeks
6. 6

   Sheriff executes Writ of Possession

   After judgment, the court issues a Writ of Possession. The Miami-Dade Sheriff schedules execution, posts a 24-hour notice on the door, and returns to physically restore possession to you. Sheriff writ execution fee: $115 — paid by check from a Miami-Dade banking institution only.

   Writ execution fee: $115

What makes Miami unlawful detainer cases fail

• Filing unlawful detainer when the occupant actually paid rent — judge reclassifies as eviction, case dismissed, restart with 3-day notice
• Not attaching proof of your right to possession — deed or lease must be attached to the complaint
• Using the wrong check for Sheriff payment — must be from a Miami-Dade County banking institution with your name pre-printed
• Not naming all occupants — unnamed occupants are not bound by the warrant
• Occupant claims an ownership interest — converts to ejectment in Circuit Court, much slower

When to call a Miami attorney first

• The occupant has ever paid you any regular amount — even small contributions to bills
• The occupant claims any ownership interest, even a questionable one
• There is any history of domestic violence, threats, or police involvement
• The occupant has minor children living in the property
• You have already taken self-help action (locked them out, removed belongings) — this creates serious liability
• The occupant has lived there for years and the situation is ambiguous