• globe
    Miami, FL
  • phone
    (844) 567-6755
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    Miami@EvictEm.com
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    www.EvictEm.com/Florida/Miami
  • globe
    Miami, FL
  • phone
    (844) 567-6755
  • envelope
    Miami@EvictEm.com
  • laptop
    www.EvictEm.com/Florida/Miami
Miami Landlord/Tenant & Eviction Lawyer

globe
phone
envelope
laptop

Miami, FL 
(844) 567-6755
Miami@EvictEm.com
EvictEm.com/Florida/Miami



Miami Eviction Lawyer & Landlord Tenant Attorney

If you have tenants who are not paying their rent, who are destroying and damaging your property, or who are a nuisance to the quiet and peaceful habitation by your other tenants, it is time to start the eviction process by calling a Miami eviction lawyer.  Miami and Florida have the laws needed to evict your deadbeat and destructive tenants. The longer you wait, the more rent you lose, the higher your frustration builds.

Miami Civil Court System -- Miami-Dade Circuit Court

Miami eviction cases are civil matters heard in the Florida civil courts. The courts are organized county by county with Miami being located in Miami-Dade County, Florida. Thus, evictions are heard by judges in the Circuit Court of Miami-Dade County. Similarly, the Miami-Dade County Sheriff can accomplish service of process and must serve and execute the Writ of Possession if the tenant must be physically removed.

What is The Eviction Process in Miami?

To evict a residential tenant, you must follow these steps:

  • Give Notice (generally 3-day or 7-day) to tenant
  • File the eviction complaint (either the non-payment of rent version or the version for other eviction reasons)
  • Obtain service of complaint on tenant
  • Go to court, obtain Judgment For Possession and then obtain Writ of Possession from clerk
  • Have sheriff serve and execute Writ of Possession (if tenant does not move out)

The Miami-Dade County Clerk of the Court has an eviction information packet which can be found here.

Miami Evictions: Giving Notice

In general, under Florida law and in Miami, there are three commonly used types of notice: 3-day, 7-day "notice of cure" and 7-day "unconditional quit." Hiring a good eviction lawyer in Miami can ensure that the notices are prepared and delivered correctly. Making mistakes will cost you time and money.

Three-day notices are used for tenants that have failed to pay their rent. This type of notice states the exact amount of rent that is due, gives the tenant three-days (excluding weekends and holidays) to pay and states that the tenancy is terminated if the tenant fails to pay the rent. If the tenant does not pay rent and has not moved out, then the landlord can file an eviction lawsuit. Fla. Stat. § 83.56(3).

Seven day notices are used for tenants who need to be evicted for reasons OTHER than non-payment of rent. There are two versions.

  1. If the tenant is violating the lease and the violation can be "cured" or corrected, then the landlord must give the tenant a seven-day notice to cure. This tells the tenant that they are violating some lease provision and that he/she has seven days to correct the violation and that, if they do not, the tenancy will be terminated. If the tenant does not fix the violation within seven days, then the landlord can file an eviction lawsuit. Fla. Stat. § 83.56(2)(b).
  2. If the tenant is violating the lease in such a manner that the violation cannot be fixed, then the landlord can give the tenant a seven-day unconditional quit notice. This tells the tenant what lease or statutory provision he/she has violated and that he/she must move out within seven days or the landlord will file an eviction lawsuit. Fla. Stat. § 83.56(2)(a).

How To File An Eviction Lawsuit

After the 3-day or 7-day notice has been given to the tenants and after the time has expired, you, as the landlord, may file a lawsuit in the county where the property is located -- in this case, Miami-Dade County.

To file your lawsuit, you must go to the Miami-Dade County Courthouse and file the following documents:

  • Complaint For Eviction
  • Summons For Eviction
  • Copy of Lease
  • Copy of 3-day or 7-day Notice
  • One addressed envelope per tenant with sufficient postage on the envelope

Note that you will need several copies of each. Note also that various fees will be charged.

The complaint tells the court that you are the owner, gives the property address and the name(s) of the tenant(s), explains why the tenant(s) must be evicted and asks the court to evict your tenant. The summons is the legal document that notifies the tenant(s) of your lawsuit. The Miami-Dade County Sheriff -- or a process server -- must take a copy of the complaint and the summons to the tenant(s).This gives the court jurisdiction.

Although you can fill out a Complaint, summons and other forms, to do it correctly, you need to hire dedicated Miami lawyers that understand the legal system and the eviction process.

Miami-Dade County Eviction Forms and Notices

If you want to handle the legal process yourself, the sample eviction forms for filing in Miami can be found here, or for more specific eviction notices, try these:

Sample three-day notice

Sample Complaint For Non-Payment Of Rent

Start The Process By Calling a Miami Eviction Attorney

There is no reason to delay. Start your eviction today. Every day your tenant remains is a day without rent or a day where your tenant continues to violate your lease or the Miami City Ordinances or the laws of the State of Florida.

Evictions can be complicated and, if you make mistakes, your case can be dismissed. You need an eviction lawyer in Miami with the skills and experience to get your tenants evicted.

  • ADDITIONAL INFORMATION
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    Miami Zip Codes: 33018, 33101, 33109, 33111, 33114, 33125, 33126, 33127, 33128, 33129, 33130, 33131, 33132, 33133, 33134, 33135, 33136, 33137, 33138, 33139, 33140, 33142, 33144, 33145, 33146, 33147, 33149, 33150, 33151, 33159, 33169, 33179, 33222, 33233, 33234, 33238, 33242, 33245, 33255 
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    Directions to Miami-Dade County Courthouse: 73 W Flagler St, Miami, FL 33130