# Eviction Attorney Miami | Miami-Dade Eviction Lawyer | FLA Evictions **Miami-Dade eviction attorneys for landlords. Flat fee filing in Miami-Dade County Court. 3-day notice through Writ of Possession.** - Phone (Miami-Dade): (305) 401-0424 - Phone (Primary): (954) 625-9124 - Email: info@flaevictions.com - Web: https://flaevictions.com/eviction-attorney-miami --- ## Eviction Attorney Services in Miami-Dade County FLA Evictions represents landlords and property owners in residential and commercial eviction cases throughout Miami-Dade County. We are a landlord-only firm. We do not represent tenants. Miami-Dade County eviction cases are filed in the Eleventh Judicial Circuit Court of Florida. The main courthouse is located at 73 W. Flagler Street, Miami, Florida 33130. Branch courthouses serve different areas of the county, including the South Dade Justice Center in Homestead. Own rental property in Hialeah? See our dedicated [eviction attorney Hialeah](https://flaevictions.com/eviction-attorney-hialeah) page. Flat fee pricing. No hourly billing. --- ## Miami-Dade Eviction Types We Handle ### Nonpayment of Rent The most common eviction case in Miami-Dade. When a tenant fails to pay rent, Florida law requires the landlord to serve a 3-Day Notice before filing an eviction complaint. Under Florida Statute 83.56(3), the notice must: - State the exact dollar amount of rent owed - Identify the rental property address - Give the tenant three business days (excluding weekends and legal holidays) to pay or vacate An error on the 3-Day Notice is the most common cause of eviction case dismissal. The notice must be served by one of the methods authorized under Florida Statute 83.56: delivering it to the tenant, leaving it at the property with a person of suitable age, or mailing it with a five-day extension added to the notice period. We prepare the 3-Day Notice, coordinate proper service, file the eviction complaint, and carry the case through to the Writ of Possession. ### Holdover Tenancy A holdover tenant is one who remains in the property after the lease expires without the landlord's authorization. To evict a holdover tenant in Florida, the landlord must first serve a notice terminating the tenancy. The required notice period depends on the rental period: - Monthly tenancy: 30 days - Weekly tenancy: 7 days - Quarterly tenancy: 30 days - Annual tenancy: 60 days (for tenancies over one year) Failure to serve the correct notice period is a procedural defect that can cause dismissal. ### Commercial Eviction in Miami-Dade Miami-Dade has a significant commercial rental market. Commercial evictions are governed by the terms of the lease and Florida contract law rather than Chapter 83 (which covers residential tenancies). Notice requirements, cure periods, and remedies for landlords vary by lease. We represent commercial landlords in Miami-Dade in evictions for nonpayment, holdover, lease violations, unauthorized subletting, and unauthorized use. ### Unlawful Detainer An unlawful detainer action is used when no formal landlord-tenant relationship exists. Common situations include squatters, persons who entered the property without a valid lease, family members who refuse to leave after being asked, and occupants whose lease has been voided. These cases are filed under Florida Statute 82. ### Lease Violation Eviction A lease violation eviction requires a 7-Day Notice to Cure (for curable violations) or a 7-Day Notice of Termination (for non-curable violations) under Florida Statute 83.56(2). Common curable violations include unauthorized pets, unauthorized occupants, and noise complaints. Non-curable violations include intentional property damage and criminal activity. --- ## The Miami-Dade Eviction Process **Step 1: Serve the Required Notice** The correct notice must be served before filing. For nonpayment, this is the 3-Day Notice. The notice period begins the day after service and excludes weekends and legal holidays. **Step 2: File the Eviction Complaint** After the notice period expires without compliance, we file the eviction complaint and summons in Miami-Dade County Court. The filing fee is paid at the time of filing. **Step 3: Service on the Tenant** The Miami-Dade Sheriff's Office or a certified process server serves the complaint and summons on the tenant. The tenant has five business days after service to respond. **Step 4: Default or Hearing** If the tenant does not file a response within five business days, we move for a default judgment. If the tenant responds, the court schedules a hearing. In contested residential cases, the tenant must deposit the rent claimed in the complaint into the court registry or risk having their defenses struck. **Step 5: Judgment and Writ of Possession** After judgment for possession is entered, we request the Writ of Possession from the clerk. The Miami-Dade Sheriff posts the writ on the property. The tenant has 24 hours to vacate. If they do not, the sheriff returns to physically remove the occupants. **Timeline:** An uncontested eviction in Miami-Dade County typically takes three to five weeks from complaint filing to writ execution. Contested cases and cases with procedural errors take longer. --- ## Miami-Dade Cities and Neighborhoods We Serve Miami, Coral Gables, Hialeah, Doral, Kendall, South Miami, Coconut Grove, Brickell, Little Havana, Little Haiti, Midtown Miami, Wynwood, Edgewater, Downtown Miami, Miami Beach, North Miami, North Miami Beach, Opa-locka, Miami Gardens, Miami Lakes, Homestead, Florida City, Cutler Bay, Palmetto Bay, Pinecrest, Key Biscayne, Aventura, Bal Harbour, Surfside, Bay Harbor Islands, Sunny Isles Beach, North Bay Village --- ## Frequently Asked Questions: Miami-Dade Evictions **How long does an eviction take in Miami-Dade County?** An uncontested eviction in Miami-Dade typically takes three to five weeks from the date the complaint is filed to the execution of the Writ of Possession. The process includes filing, service on the tenant, the five-business-day response period, default judgment, writ issuance, and sheriff execution. Contested cases, motion practice, and procedural defects extend the timeline. Accurate 3-Day Notice preparation is the most important step for keeping the case on schedule. **What is a 3-Day Notice and what must it include?** A 3-Day Notice is the mandatory written demand a landlord must serve before filing an eviction lawsuit for nonpayment of rent in Florida. Under Florida Statute 83.56(3), the notice must state the exact amount of rent owed, identify the property address, and give the tenant three business days (not counting weekends or legal holidays) to pay the full amount or vacate. The notice must be served by one of the methods listed in Florida Statute 83.56. **Can I evict a tenant in Miami-Dade without an attorney?** An individual landlord can represent himself in eviction court. However, a corporation, LLC, trust, or other legal entity cannot appear in court without an attorney. Even individual landlords who self-file frequently encounter procedural problems including defective notices, improper service, and incorrect complaint allegations. A procedural error can result in dismissal and require starting the entire process over. **What happens if the tenant deposits rent into the court registry?** Under Florida Statute 83.60, a tenant who raises a defense in a residential eviction case must deposit the claimed rent amount into the court registry. Once deposited, the court may disburse the funds to the landlord before final hearing. If the tenant fails to deposit the funds, the landlord can file a motion to strike the tenant's defenses and seek a default judgment. **What if the tenant claims I owe them a habitability defense?** Under Florida Statute 83.60(1), tenants can assert landlord noncompliance as a defense only if the alleged noncompliance materially affects the health and safety of the tenant. Even if the defense is raised, the tenant must still deposit the rent into the court registry. The court then determines whether the landlord's alleged noncompliance justifies nonpayment. **Do you handle evictions in all of Miami-Dade County?** Yes. We file in Miami-Dade County Court and handle evictions in every city and unincorporated area in the county, including Hialeah, Coral Gables, Doral, Homestead, Kendall, and all municipalities within the county. **What is your flat fee for a Miami-Dade eviction?** Contact us at (305) 401-0424 or info@flaevictions.com for current flat fee pricing. Court filing fees and sheriff service fees are separate from our legal fee and vary by case type. --- ## Where Your Miami-Dade Eviction Gets Filed Residential evictions in Miami-Dade are filed in Miami-Dade County Court, part of the Eleventh Judicial Circuit, the largest judicial circuit in Florida. The county operates district courthouses, and your case is assigned based on where the rental property sits, not where you live. Filing in the correct district, with the correct fees and the correct number of summonses, is one of the small procedural details that delays cases when it is done wrong. We file electronically through the Florida Courts E-Filing Portal the same day your notice period expires, and we know how Miami-Dade judges handle registry deposits, motion practice, and default procedures, because we are in these courtrooms every week. ## Out-of-State Landlord? We Handle Everything Without You Traveling A large share of Miami-Dade rental property is owned by investors who live in another state or another country. If that is you, the eviction process should not require a flight to Florida. We handle the entire case without you appearing: notice preparation and service, complaint filing, court appearances, and coordination with the Miami-Dade Sheriff for the Writ of Possession. You sign the engagement and the required documents electronically, we send updates at every stage, and your property manager or local contact can handle the final walkthrough. If you own through an LLC or corporation, Florida law requires attorney representation in court anyway, so the structure that protects you also means you never stand in front of a judge. We also work in English and Spanish, which matters when your tenant, your property manager, and your documents do not all speak the same language. ## A Flat Fee Attorney vs an Online Eviction Filing Service Online eviction services charge less upfront, and they are worth exactly that price as long as nothing goes wrong. They are not law firms. They cannot give legal advice, cannot sign pleadings, cannot appear in court, and cannot fix a defective notice. They prepare paperwork, and in Miami-Dade, paperwork is not the hard part. The hard part is what happens when the tenant responds. Miami-Dade has one of the most active tenant defense bars in Florida, and a meaningful percentage of tenants file answers, motions to dismiss, or registry challenges. The moment that happens, an online service is finished and you are hiring a lawyer mid-case, at a higher cost, with weeks already lost. Our flat fee covers the case, not the paperwork: the notice, the filing, the default or the contested hearing, and the writ. If the tenant fights, the fee does not change and neither does your lawyer. That is the difference between buying documents and retaining counsel, and it is why the cheaper option is frequently the more expensive one. ## Why Miami Landlords Choose FLA Evictions Over 250 Google reviews at a 5.0 rating, nearly five times the review count of any eviction firm in the Miami market. The reviews say the same things in different words: fast, clear communication, flat fee with no surprises, and the property back in the landlord's hands. We represent landlords only, we never take tenant cases, and we handle evictions in every city in Miami-Dade, from Hialeah and Doral to Homestead and Miami Beach. Se habla espanol. ## Start Your Miami-Dade Eviction To get started, submit the intake form at flaevictions.com/eviction-information-form or call us directly. **Miami-Dade:** (305) 401-0424 **Primary / Broward:** (954) 625-9124 **Email:** info@flaevictions.com FLA Evictions represents landlords only. Tenant inquiries are not accepted.