Tenant Rights in The Hammocks, Florida

Last updated: April 2026

The Hammocks is a planned residential community in southwestern Miami-Dade County. Florida state law governs all landlord-tenant relationships here — this guide covers every key protection available to Hammocks renters.

Want to check your specific address? Use the RentCheckMe address checker.

Key Takeaways

  • Rent Control: None — prohibited statewide by Florida HB 1431 (2023), codified at Fla. Stat. § 125.0103 and § 166.043
  • Security Deposit: Returned within 15 days (no deductions) or 30-day written deduction notice required; failure forfeits all deductions (Fla. Stat. § 83.49)
  • Notice to Vacate: 15 days' written notice for month-to-month tenancies; 7 days for week-to-week (Fla. Stat. § 83.57)
  • Just Cause Eviction: No just-cause requirement; landlords may terminate without stating a reason after proper notice
  • Local Resources: Legal Services of Greater Miami (lsgmi.org), Florida Legal Services (floridalegal.org)

1. Overview: Tenant Rights in The Hammocks

The Hammocks is a large unincorporated planned community in the Kendall area of southwestern Miami-Dade County. It is home to thousands of renter households in a mix of single-family homes, townhomes, and apartment communities. Because The Hammocks is unincorporated, there is no city government and no city-level tenant ordinance — all tenant protections come from Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682).

Miami-Dade County itself has not enacted landlord-tenant rules beyond the state framework. The most common concerns for Hammocks renters involve security deposit disputes, habitability problems, eviction procedures, and illegal lockout protections — all addressed below.

This guide is for informational purposes only and is not legal advice. If you face eviction or a serious landlord dispute, contact Legal Services of Greater Miami or a licensed Florida attorney.

2. Does The Hammocks Have Rent Control?

The Hammocks has no rent control, and Miami-Dade County — like all Florida local governments — is prohibited from enacting one. In 2023, the Florida Legislature passed HB 1431, codified at Fla. Stat. § 125.0103 (counties) and Fla. Stat. § 166.043 (municipalities), which permanently preempts all local governments from adopting, maintaining, or enforcing any ordinance that controls private residential rent.

This law specifically voided the voter-approved Miami-Dade-area Orange County rent stabilization measure and closed off all future local rent control efforts statewide. A Hammocks landlord may raise your rent by any amount at renewal or when issuing a new lease.

For month-to-month tenants, at least 15 days' written notice must be given before a rent increase takes effect under Fla. Stat. § 83.57. There is no cap on the size of the increase.

3. Florida State Tenant Protections That Apply in The Hammocks

Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides all protections available to The Hammocks renters.

Habitability (Fla. Stat. § 83.51): Landlords must maintain units in compliance with applicable building and health codes and keep roofing, plumbing, electrical systems, and heating in good repair. They must provide functioning locks and address pest infestations.

Repair Remedy (Fla. Stat. § 83.56): If your landlord fails to maintain a habitable unit, deliver a written 7-day notice specifying the deficiency. If the landlord does not act within 7 days, you may terminate the lease or pursue other remedies. Seek legal advice before withholding rent.

Notice to Terminate (Fla. Stat. § 83.57): Either party must give at least 15 days' written notice before the end of a monthly period to end a month-to-month tenancy. Week-to-week tenancies require at least 7 days' notice.

Anti-Retaliation (Fla. Stat. § 83.64): A landlord may not raise rent, threaten eviction, or reduce services in retaliation for a tenant reporting code violations, complaining about habitability, or participating in a tenant organization. A retaliatory act within 60 days of a protected activity creates a presumption of retaliation.

Lockout and Utility Shutoff Prohibition (Fla. Stat. § 83.67): Self-help eviction is illegal. A landlord who changes locks, removes doors, or shuts off utilities to force a tenant out is liable for the greater of actual damages or three months' rent, plus attorney's fees.

4. Security Deposit Rules in The Hammocks

Security deposit rules for The Hammocks rentals are governed by Fla. Stat. § 83.49. Florida imposes no cap on the deposit amount.

Return timeline: If the landlord makes no deductions, the deposit must be returned within 15 days of the tenant vacating. If the landlord intends to make any deductions, they must send written notice by certified mail within 30 days itemizing each deduction.

Tenant's right to object: After receiving a deduction notice, the tenant has 15 days to object in writing. If no objection is filed, the landlord may deduct the claimed amounts and return the balance.

Penalty for non-compliance: A landlord who misses either deadline forfeits the right to make any deductions. Tenants may sue for the full deposit plus court costs and attorney's fees under Fla. Stat. § 83.49(3)(c).

Holding requirements: Landlords must hold deposits in a separate Florida bank account (not commingled), post a surety bond, or use another permitted method, and must notify tenants in writing of the holding method within 30 days of receiving the deposit.

5. Eviction Process and Your Rights in The Hammocks

Evictions in The Hammocks follow Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.56–83.625) and are processed through Miami-Dade County Court.

Step 1 — Written Notice: The landlord must serve written notice before filing in court:

  • Nonpayment of rent: 3-day written notice to pay or vacate (Fla. Stat. § 83.56(3)).
  • Lease violation: 7-day notice to cure or vacate; or 7-day termination notice for uncurable violations (Fla. Stat. § 83.56(2)).
  • Month-to-month without cause: 15 days' written notice before the end of the rental period (Fla. Stat. § 83.57).

Step 2 — Court Filing: If the tenant does not comply, the landlord files an eviction complaint in Miami-Dade County Court. The tenant has 5 days (excluding weekends and holidays) to file a written response (Fla. Stat. § 83.60).

Step 3 — Hearing: The court schedules a hearing if the tenant responds. Failure to respond or pay disputed rent into the court registry may result in a default judgment.

Step 4 — Writ of Possession: If the landlord prevails, the court issues a writ of possession. The Miami-Dade Sheriff gives the tenant 24 hours to vacate before physical removal (Fla. Stat. § 83.62).

Self-help eviction is illegal: Under Fla. Stat. § 83.67, a landlord who locks out a tenant or shuts off utilities outside the court process is liable for the greater of actual damages or three months' rent, plus attorney's fees.

6. Resources for The Hammocks Tenants

Frequently Asked Questions

Does The Hammocks have rent control?

No. The Hammocks is an unincorporated Miami-Dade County community, and Florida law prohibits any county or city from enacting rent control. HB 1431 (2023), codified at Fla. Stat. § 125.0103 and § 166.043, preempts all local governments statewide from adopting any form of rent stabilization.

How much can my landlord raise my rent in The Hammocks?

There is no limit. Florida's 2023 statewide preemption law bans all local rent caps. A Hammocks landlord may raise rent by any amount. For month-to-month tenancies, at least 15 days' written notice is required before the increase takes effect (Fla. Stat. § 83.57).

How long does my landlord have to return my security deposit in The Hammocks?

Under Fla. Stat. § 83.49, if your landlord makes no deductions, your deposit must be returned within 15 days after you vacate. If the landlord intends to make deductions, they must send written notice by certified mail within 30 days itemizing each claim; you then have 15 days to object. Missing either deadline forfeits the right to withhold any portion of the deposit.

What notice does my landlord need before evicting me in The Hammocks?

For nonpayment of rent: 3-day written notice to pay or vacate (Fla. Stat. § 83.56(3)). For a lease violation: 7-day written notice to cure or vacate (Fla. Stat. § 83.56(2)). To end a month-to-month tenancy without cause: 15 days' written notice before the end of the rental period (Fla. Stat. § 83.57).

Can my landlord lock me out or shut off utilities in The Hammocks?

No. Under Fla. Stat. § 83.67, self-help eviction is illegal. A landlord may not change your locks, remove doors, or intentionally interrupt electricity, water, gas, or other essential services to force you out. You are entitled to recover the greater of your actual damages or three months' rent, plus attorney's fees.

What can I do if my landlord refuses to make repairs in The Hammocks?

Florida law (Fla. Stat. § 83.51) requires landlords to maintain habitable units. Deliver a written 7-day notice specifying the problem (Fla. Stat. § 83.56). If the landlord still does not act, you may have the right to terminate the lease or pursue other remedies. Contact Legal Services of Greater Miami (lsgmi.org) before withholding rent.

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this page. If you are facing an eviction, a security deposit dispute, or any other serious landlord-tenant matter, consult a licensed Florida attorney or contact Legal Services of Greater Miami. Always verify current statutes independently, as laws may have changed since this page was last updated in April 2026.

🔔 Get notified when rent laws change in The Hammocks

We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.

Other Cities in Florida

Learn about tenant rights in other Florida cities: