Hialeah Gardens is a small city in northwestern Miami-Dade County, bordered by the larger city of Hialeah. Most residents are renters, and like all of Florida, the city has no local landlord-tenant ordinances that supplement state law. Every tenant right applicable in Hialeah Gardens comes from Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682).
The most common landlord-tenant issues Hialeah Gardens renters encounter involve security deposit disputes, habitability and repair requests, eviction notices, and protection against illegal lockouts — all addressed below. Because there are no city-specific rules, the same framework that applies to Miami or Fort Lauderdale renters applies here.
This guide is for informational purposes only and is not legal advice. If you are facing eviction or a serious dispute, contact Legal Services of Greater Miami or a licensed Florida attorney.
Hialeah Gardens has no rent control, and no Florida city or county may enact one. In 2023, the Florida Legislature passed HB 1431, codified at Fla. Stat. § 125.0103 (counties) and Fla. Stat. § 166.043 (municipalities), which preempts all local governments from adopting, maintaining, or enforcing any form of rent stabilization or rent cap.
This law specifically voided a voter-approved Orange County rent stabilization ordinance and prevents any future local rent control effort statewide. Hialeah Gardens — and Miami-Dade County — have no authority to limit how much a landlord can charge or increase rent.
In practical terms, a Hialeah Gardens landlord may raise your rent by any amount at renewal. For month-to-month tenants, at least 15 days' written notice is required before the increase takes effect under Fla. Stat. § 83.57. No cap exists on the size of the increase.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides the complete set of protections available to Hialeah Gardens renters.
Habitability (Fla. Stat. § 83.51): Landlords must maintain units in compliance with building and health codes, keep structural elements and systems (roofing, plumbing, electrical, heating) in good repair, provide functioning locks, and exterminate pests when necessary.
Repair Remedy (Fla. Stat. § 83.56): If your landlord fails to maintain a habitable unit, you must first deliver a written 7-day notice specifying the problem. If the landlord does not act within 7 days, you may terminate the lease or pursue other remedies. Withholding rent without following proper procedure can expose you to eviction — seek legal advice first.
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): Landlords cannot raise rent, threaten eviction, or reduce services in response to a tenant reporting code violations, complaining about habitability, or joining a tenant organization. A retaliatory act within 60 days of a protected activity creates a legal 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.
Security deposit rules for Hialeah Gardens rentals are set by Fla. Stat. § 83.49. Florida does not cap the deposit amount; it is whatever the lease specifies.
Return timeline: If the landlord makes no deductions, the full 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 to the tenant's last known address within 30 days, itemizing each deduction and stating the reason.
Tenant's right to object: After receiving a deduction notice, the tenant has 15 days to object in writing. If no objection is made, the landlord may proceed with the claimed deductions.
Penalty for non-compliance: A landlord who misses either deadline forfeits the right to make any deductions and must return the full deposit. Tenants may sue to recover the 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 method permitted by statute, and must notify the tenant in writing of the holding method within 30 days of receiving the deposit.
Evictions in Hialeah Gardens 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 a proper written notice before filing in court:
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 after being served (Fla. Stat. § 83.60).
Step 3 — Hearing: If the tenant responds, the court schedules a hearing. Failure to respond or pay disputed rent into the court registry may result in a default judgment for the landlord.
Step 4 — Writ of Possession: If the landlord prevails, the court issues a writ of possession. The Miami-Dade Sheriff serves the writ and gives the tenant 24 hours to vacate (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.
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.
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