The notice comes first
Before a landlord can file an eviction in Florida, the tenant must receive the right written notice. For unpaid rent it is the three-day notice: three business days, not counting weekends and court holidays, to pay or leave. For lease violations it is a seven-day notice, either to cure the problem or, for serious or repeated violations, to terminate. The notice must state the correct amount, the correct dates and the landlord's address. A notice with the wrong day count is the most common reason a Miami-Dade eviction gets dismissed.
How the notice can be delivered
Chapter 83 allows the notice to be handed to the tenant, mailed, or, if the tenant is absent from the premises, posted conspicuously at the unit. Posting is where landlords go wrong: it is allowed only when the tenant is absent, and you need proof of when and where it was posted. Our servers attempt personal delivery first, and when they post, the affidavit includes the time, a GPS position and a photo of the notice on the door.
The eviction summons is different
Once the notice period runs out and the complaint is filed, the tenant is served with a five-day eviction summons. This must be served by the sheriff or a certified process server. The rule that matters: if the tenant cannot be found after at least two attempts at least six hours apart, the summons and complaint may be posted at the unit, with a copy mailed by the clerk. Our field app enforces the six-hour gap between the two attempts and records both, so the posting holds up.
Miami-Dade specifics
- Evictions are filed in county court. Depending on the address, the file may sit at the downtown civil courthouse or a district branch such as Hialeah, Coral Gables, Miami Beach, the north Dade center or the south Dade center in Cutler Bay. We file and serve in the same trip.
- Miami-Dade requires landlords to give tenants specific notices and, for some properties, a longer notice period under county ordinance. Check with your attorney or the county before serving.
- Condominium and gated-community units: a certified process server has statutory access to attempt service. High-rise concierges are handled building by building.
What you receive
For each notice or summons: a notarized affidavit of service stating how, when and where it was delivered or posted, with the photo and GPS record attached, in your portal the moment it is signed. Eviction notice service is $85 and includes the attempts and the posting when the statute allows it. See our eviction process server service for Miami-Dade landlords.