In Miami, landlords must navigate both Florida state laws and local ordinances to ensure compliance. This guide outlines the key rules that landlords need to follow, including eviction procedures, notice requirements, and registration.
Permitting, Zoning, or Statutory Basis
Local Eviction Laws (Miami-Dade County Code of Ordinances)
Miami’s local eviction laws are codified in the Miami-Dade County Code of Ordinances, specifically under Chapter 17. These ordinances provide specific procedures for eviction and tenant termination.
Effective Date: January 1, 2021
Valid Through Date: January 1, 2021
Key Provisions:
- Jurisdiction in Landlord and Tenant Case: Florida Stat. § 34.011
- Definitions: Florida Stat. § 723.003; Florida Stat. § 83.43
- Applicable to Residential Landlords: Florida Stat. § 723.002
- Fee for Eviction Process: None
Causes for Eviction:
- Nonpayment of rent
- Material breach of lease terms
- Nuisance activities
- Remaining on property after expiration of lease
- Statutory tenant obligations
Notice Requirements:
- Nonpayment of Rent: 3 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.83)
- Material Breach: 3 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.83)
- Nuisance Activities: 5 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.83)
- Remaining on Property: 5 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.84)
- Statutory Tenant Obligations: 5 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.84)
Rental Registration
Miami requires landlords to register their rental properties with the city. This registration is crucial for compliance and helps ensure that tenants are aware of their rights and responsibilities.
Effective Date: January 1, 2021
Valid Through Date: January 1, 2021
Key Provisions:
- Rental Registration Requirement: Miami-Dade County, Florida Code of Ordinances § 17.02
- Registration Deadline: Within 30 days of the rental agreement being signed (Miami-Dade County, Florida Code of Ordinances § 17.02)
- Failure to Register: Potential fines and penalties (Miami-Dade County, Florida Code of Ordinances § 17.02)
Lease Clauses, Notice Periods, and Timing Requirements
Lease Clauses
Miami landlords must include specific clauses in their lease agreements to ensure compliance with local and state laws. These clauses typically include:
- Eviction Clause: Clearly states the conditions under which eviction is permissible.
- Notice Periods: Specifies the number of days tenants must be given notice before eviction or other actions.
- Security Deposit Clause: Describes how security deposits will be handled and returned.
Notice Periods
Miami landlords must provide tenants with specific notice periods before taking certain actions, such as eviction or termination of the lease. These notice periods are outlined in the Miami-Dade County Code of Ordinances.
Effective Date: January 1, 2021
Valid Through Date: January 1, 2021
Key Notice Periods:
- Nonpayment of Rent: 3 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.83)
- Material Breach: 3 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.83)
- Nuisance Activities: 5 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.83)
- Remaining on Property: 5 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.84)
- Statutory Tenant Obligations: 5 days’ written notice (Miami-Dade County, Florida Code of Ordinances § 17.84)
Timing Requirements
Miami landlords must follow specific timing requirements when taking actions against tenants, such as eviction or termination of the lease. These requirements are outlined in the Miami-Dade County Code of Ordinances.
Effective Date: January 1, 2021
Valid Through Date: January 1, 2021
Key Timing Requirements:
- Eviction Notice: Must be given at least 5 days before the eviction hearing (Miami-Dade County, Florida Code of Ordinances § 17.84)
- Lease Termination Notice: Must be given at least 30 days before the lease expiration (Miami-Dade County, Florida Code of Ordinances § 17.02)
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with Miami’s landlord tenant rules, landlords must maintain thorough records of all transactions and communications. This includes:
- Lease Agreements: Maintain copies of all lease agreements signed by tenants.
- Tenant Notices: Keep records of all notices sent to tenants, including eviction notices and termination notices.
- Security Deposit Accounting: Maintain detailed records of all security deposits, including how they were collected and returned.
- Tenant Registration: Keep copies of all tenant registration forms completed by tenants.
By following these guidelines and maintaining defensible records, landlords can ensure that they are compliant with both Florida state laws and local ordinances in Miami.