By LaDonna, Evictions Done For You | 20+ years of property management | Updated October 2026
Pre-filled and ready to serve. No guesswork.
Miami-Dade works differently from the rest of Florida in two ways that cost landlords time and money.
First, you can't file just anywhere. Your eviction has to be filed in the court district where your rental property is located, and Miami-Dade has several.
Second, the Sheriff's writ of possession fee is $115, not the $90 most Florida counties charge. This guide covers where to file, what you'll pay, and how to get your lockout done the first time.
Filing fee (Clerk): about $185
Summons (Clerk): $10 per tenant Serving the summons: about $40 per tenant by the Sheriff, or a private process server
Writ of possession (Sheriff): $115 per writ, per address
Typical total: about $350, plus postage
Tip: Sheriff service of the summons can be slower in Miami-Dade because of case volume. Many landlords use a certified private process server to keep the case moving.
THE MIAMI-DADE WRIT CHECKLIST
When you deliver your writ to the Sheriff, bring:
☐ The original writ plus one conformed copy
☐ The $115 fee
☐ A self-addressed stamped envelope
☐ Your name and phone number written on the writ.
The deputy will call this number, and this person must meet the deputy at the property to take possession. Heads up: if the lockout takes longer than one hour, the Sheriff charges an hourly rate per deputy.
Step 1 — Serve a Valid 3-Day Notice
The process begins with a written 3-Day Notice to Pay or Vacate. The notice must state the exact amount of rent owed (do not include late fees unless your lease explicitly allows it), the date the notice was given, and the name and address of both the landlord and the tenant. You deliver it by hand, by posting it on the door, or by certified mail.
Important: The three days are business days only. Saturdays, Sundays, and Florida legal holidays do not count.
Step 2 — Wait the Full 3-Day Period.
Filing even one day early can get your case dismissed and restart the clock. If Day 3 falls on a weekend or holiday, the period extends to the next business day.
One critical trap: if your tenant offers partial payment during the notice period and you accept it, even as a goodwill gesture, you may legally invalidate your 3-day notice under Florida law and have to start over.
Step 3 - File Your Eviction Complaint in the Correct District
File in the Miami-Dade court district where your property is located (see Where to File above), or e-file online. You will need: a civil cover sheet, your completed Complaint for Eviction, the Summons with copies for each named tenant, a copy of your 3-day notice, and a copy of the lease if one exists. For residential property, provide one extra copy of the complaint and one stamped envelope addressed to each tenant at the rental property.
Step 4 — The Tenant Is Served and Has 5 Business Days to Respond
The Sheriff or a certified process server will serve the tenant with the Summons and Complaint. After service, the tenant has 5 business days (excluding the day of service, weekends, and holidays) to file a written response with the Clerk and deposit any disputed rent into the Court Registry.
If the tenant files no response and deposits no rent: you move to Step 5. If the tenant files an answer: the court will schedule a hearing. This adds time but does not mean you lose. If the tenant hires an attorney, we strongly recommend you do the same.
Step 5 — Request a Default Judgment
If the tenant does not respond within 5 business days, file a Motion for Default, an Affidavit in Proof of Claim, and a proposed Final Judgment for Possession with the Clerk. The judge reviews the case and, if approved, signs the Final Judgment.
Step 6 — Obtain the Writ of Possession and Schedule the Lockout
After the Final Judgment is entered, the Clerk issues the Writ of Possession.
Deliver it to the Miami-Dade Sheriff's Office Court Services Bureau: Overtown Transit Village South 601 NW 1st Court, 9th Floor, Miami, FL 33136 Intake counter: Monday to Friday, 8 a.m. to 5 p.m. Bring the original writ, one conformed copy, the $115 fee, and a self-addressed stamped envelope. Make sure the writ lists the name and phone number of the person who will meet the deputy at the property. Once the writ is posted, the tenant has 24 hours to vacate. The deputy will then contact you to complete the lockout.
Even if the tenant appears to be gone, have the writ executed. It formally ends their right to occupy the property..
Q: How long does an eviction take in Miami Dade County, Florida?
A: An uncontested eviction typically takes 4 to 5 weeks from the date the 3-day notice is served, assuming all paperwork is filed correctly and the tenant does not respond.
Q: Do weekends count in a Florida 3-day eviction notice?
A: No. Saturdays, Sundays, and Florida legal holidays are excluded from the 3-day count. Only business days count..
Q: What forms do I need to file an eviction in Miami Dade County, Florida?
A: You will need a civil cover sheet, Complaint for Eviction, Summons (form 1.923(a) for possession only or 1.923(b) for possession and back rent), your 3-day notice, and a copy of the lease if one exists.
Q: How much does it cost to file an eviction in Miami Dade County, FL?
A: The filing fee is approximately $185, plus $10 per defendant for summons issuance, plus a $115 sheriff's fee for the writ of possession.
Q: Can a tenant stop the eviction by paying after I file?
A: The tenant can deposit the full amount of disputed rent into the Court Registry within 5 business days of being served. If they do, the case may be dismissed. Once a default judgment is entered, payment generally does not stop the process.
Q: Does a tenant in Miami Dade County have to appear in court for an eviction?
A: Not necessarily. If the tenant does not file a written response within 5 business days of being served, a default judgment can be entered without a court hearing.
Q: What is the difference between possession-only and possession plus rent eviction in Miami Dade County?
A: A possession-only eviction (form 1.923(a)) asks the court solely to remove the tenant. A possession plus rent case (form 1.923(b)) also seeks a money judgment for unpaid rent. Possession-only cases move faster and are simpler to file without an attorney.
Q: Why is the writ of possession fee higher in Miami-Dade?
A: Most Florida Sheriffs charge $90. The Miami-Dade Sheriff's Office charges $115 per writ, per address, and can charge more if the lockout takes over an hour.
Q: Can I file my Miami-Dade eviction at any courthouse?
A: No. Miami-Dade eviction cases must be filed in the court district where the property is located. The Clerk's Eviction Filing Court Location Finder tells you which one.
Evictions Done For You is a document preparation service, not a law firm. Nothing on this page constitutes legal advice. For questions about your specific situation, consult a licensed Florida attorney.