Facing Eviction? Here’s What Every Miami Renter Should Know

Imagine coming home to find a paper taped to your door — an eviction notice. For thousands of Miami-Dade County residents, that paper represents panic, uncertainty, and the fear of losing a roof over their heads. But before you start packing, know this: you have rights, and there are steps you can take to protect your home.

Eviction Doesn’t Happen Overnight

An eviction begins when a landlord takes you to court and asks a judge to make you move out. But this can’t happen without notice. First, the landlord must give you a written warning — a three-day notice if you haven’t paid rent or a seven-day notice if you’ve violated the lease. If you don’t respond or fix the issue, then the landlord can go to court, according to Legal Services of Greater Miami.

Importantly, only a judge can order you to move out. Your landlord cannot change the locks, shut off the water, or cut your electricity to make you leave. Those actions are illegal in Florida. If a landlord tries this, you could take them to court — and they may end up paying you, according to Legal Services.

Understanding the Notices

If you’ve fallen behind on rent, that three-day notice must tell you how much you owe and give you three business days (not counting weekends or holidays) to pay up or move out. For example, if you get the notice on a Thursday, your three days are Friday, Monday, and Tuesday. 

If you broke a lease rule — say, parking a broken car in the lot — your landlord must give you a seven-day notice to cure. That means you get seven days to fix the problem. But if the violation is serious, like damaging the apartment, the landlord can skip straight to a seven-day notice of termination. 

And if you’re renting month-to-month, the landlord must give you at least 30 days’ notice before asking you to move out — unless they’re retaliating or discriminating, which are both illegal reasons to evict someone.  

Even if you pay your rent on time and comply with all the lease terms, your landlord can give you a 30-day notice to move out when you are a month-to-month tenant. A month-to-month tenant is someone whose lease term has expired or a tenant without a written lease, said Lissie Salazar, senior attorney tenants' rights for Legal Services of Greater Miami.

“If you live in federally subsidized housing, such as public housing or Section 8, you may be entitled to additional tenant-protections and/ or a longer notice period,” Salazar said. 

What To Do If You’re Sued

If your landlord files an eviction lawsuit, don’t ignore it. You only have five days (excluding weekends and holidays) to respond by filing what’s called an Answer with the Clerk of Court. The Florida Supreme Court provides an Eviction Answer Form you can fill out online or in person.

In your Answer, explain your side. Maybe you already paid rent. Maybe your landlord refused to fix broken plumbing or has been harassing you for calling code enforcement. You can also list “defenses” — legal reasons you shouldn’t be evicted, such as improper notice or retaliation, according to Legal Services.

And don’t forget the rent. When you file your Answer, you must pay your rent to the court, not the landlord, or file a Motion to Determine Rent if you disagree with the amount. If you skip this step, you’ll automatically lose your case — no hearing, no judge, according to Legal Services.

Court, Mediation, and Possible Outcomes

If your case goes to court, you might attend a mediation — a meeting with a neutral mediator, your landlord, and possibly their lawyer. Mediation gives both sides a chance to reach a fair agreement. If that doesn’t work, the case moves to a hearing before a judge, according to Legal Services.

If the judge rules against you, you’ll receive a Writ of Possession — a 24-hour notice that the Sheriff and the landlord will come to the unit and change the lock. 

“Once the locks are changed, the landlord is not required to give you access to the unit even if all your belongings are still inside,” Salazar said. 

In Miami-Dade County, the Sheriff will tape the 24-hour notice to your door about five to ten days after the judge signs the final judgement of eviction.

Don’t Face It Alone

If you’re facing eviction, reach out for help. The Office of Housing Advocacy (OHA) offers resources and guidance at housingadvocacy@miamidade.gov or (786) 469-4545. Legal Services of Greater Miami also provides free brochures and tenant assistance at legalservicesmiami.org/self-help.