Landlord-Tenant and Eviction Representation in Miami

Arturo R. Alfonso P.A. represents Miami-Dade landlords and tenants in residential rental matters under Florida’s Residential Landlord and Tenant Act, Chapter 83, Part II, Florida Statutes, in English and Spanish. This page explains how the firm handles a matter from the lease to a court judgment, what we look at on each side, and the documents and deadlines to expect.

For the eviction steps themselves, the notices and the order of the court process, see How do I evict a tenant in Florida?

Before a Dispute: The Lease and the Deposit

For landlords, we review the lease for the terms the Act regulates. Under Section 83.575, a lease for a set term may require notice that the tenant will not renew, but not less than 30 or more than 60 days, and it must then require the landlord to give the tenant the same notice if the lease will not be renewed. Under Section 83.595(4), an early termination fee is enforceable only if it does not exceed two months’ rent and the tenant signs a separate addendum in the statutory form.

Under Section 83.49(1), a landlord must hold the security deposit in a separate non-interest-bearing account, a separate interest-bearing account, or post a surety bond. A landlord who rents five or more units must give written notice within 30 days of receiving the deposit stating where it is held, under Section 83.49(2). Since 2023, Section 83.425 has preempted local regulation of residential tenancies to the state, so state law, not a city or county ordinance, governs these terms.

Stage 1: The Notice, From Either Side

When a landlord client has a problem tenant, we identify which notice the Act requires and prepare it, because a defective notice is a common reason a case is dismissed. Section 83.56(4) allows delivery by mail, hand delivery, email under Section 83.505 if the parties agreed to it, or by leaving the notice at the residence when the tenant is absent. For a tenancy with no fixed term, Section 83.57 requires 60 days’ notice for year-to-year, 30 days for quarter-to-quarter or month-to-month, and 7 days for week-to-week.

When a tenant client receives a notice, we check it against the same sections: the right type, the right number of days, and proper delivery. Tenants also have a notice of their own. Under Section 83.56(1), if the landlord materially fails to meet the maintenance duties in Section 83.51(1) or a material lease term within 7 days after the tenant’s written notice specifying the problem, the tenant may terminate. If the unit is untenantable and the tenant leaves, no rent is owed while it stays uninhabitable; if the tenant stays, rent is reduced in proportion to the lost rental value.

Stage 2: The County Court Case in Miami-Dade

Under Section 83.59, a landlord recovers possession only through the methods the statute lists, by filing in the county court where the property sits under the summary procedure of Section 51.011. The same section limits a landlord’s agent, such as a property manager, to filing the complaint; everything after that must be done by the landlord or an attorney. In Miami-Dade, the Clerk of the Court and Comptroller issues a bilingual Residential Eviction Summons (form CLK/CT. 141) telling the tenant to file a written answer within 5 days, not counting Saturdays, Sundays, or legal holidays, at any of the county court locations it lists: the Osvaldo N. Soto Justice Center, the Joseph Caleb Center, the North Dade Justice Center, and the Hialeah, Coral Gables, and South Dade district courts.

The deadline that decides many cases is in Section 83.60(2). A tenant who raises any defense other than payment must pay the rent alleged in the complaint into the court registry, or file a motion to determine the amount, within the same 5 days. Failing to do so is an absolute waiver of every defense except payment, and the landlord is entitled to an immediate default judgment. For tenant clients, our first job is to calendar that date and file the deposit or motion.

If the tenant does defend, Section 83.60(1) makes the landlord’s material noncompliance with Section 83.51(1) a complete defense to a nonpayment case, but only after the tenant’s 7-day written notice. Section 83.64 adds retaliation as a defense where the eviction follows a code complaint, a complaint to the landlord, or tenant organizing, unless the landlord proves good cause such as nonpayment. We gather the records these defenses turn on, for either side.

Stage 3: Judgment, the Writ, and Afterward

After a judgment for possession, Section 83.62 directs the clerk to issue a writ commanding the sheriff to put the landlord in possession after 24 hours’ notice posted on the premises. For landlords we coordinate the writ and the lock change; for tenants we use the time before the writ to arrange a move or negotiate a move-out date. Any lockout, utility shutoff, or removal of belongings outside this process is a prohibited practice under Section 83.67, and the tenant may recover actual damages or three months’ rent, whichever is greater, plus costs and attorney fees.

The deposit comes last. Under Section 83.49(3), a landlord who makes no claim must return the deposit within 15 days after the tenancy ends. A landlord who intends to keep any of it must send written notice by certified mail or email within 30 days, and the tenant then has 15 days to object in writing. A landlord who misses the 30-day notice forfeits the right to claim against the deposit. Under Section 83.49(3)(c), the prevailing party in a deposit suit recovers costs and a reasonable attorney fee, and under Section 83.48 the same is true of any suit to enforce the lease or the Act; a lease cannot waive that right.

What to Bring to Your First Meeting

• The lease, any addenda, and any renewal or notice letters, with the dates they were delivered.
• Your rent ledger or payment records, and the deposit receipt or the Section 83.49(2) notice.
• Every notice served or received, and proof of how it was delivered.
• Repair requests, photographs, and any code inspection reports.
• If a case has been filed, the summons and complaint and the date you were served.

Related Pages

• Real Estate Law in Miami
• How do I evict a tenant in Florida?
• Foreclosure defense in Miami
• Can an HOA foreclose on my home in Florida?
• Residential real estate closings in Miami