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Key Biscayne is a small, affluent barrier island village in Miami-Dade County, Florida, incorporated in 1991. Despite its relatively modest population of roughly 13,000 residents, the village has a significant renter population drawn by its proximity to Miami, oceanfront lifestyle, and high demand for residential units. Rental prices in Key Biscayne are among the highest in South Florida, making an understanding of tenant rights especially important for those navigating lease agreements and landlord disputes here.
Renters in Key Biscayne are governed entirely by Florida state landlord-tenant law — primarily Chapter 83 of the Florida Statutes. The Village of Key Biscayne has not enacted any local tenant protection ordinances beyond what state law provides. The most common questions from Key Biscayne renters concern security deposit returns, rent increases, and the eviction process — all of which are addressed specifically by Florida statute.
This guide is intended for informational purposes only and does not constitute legal advice. Laws and their interpretations can change, and renters facing specific disputes should consult a qualified attorney or contact a local legal aid organization for guidance tailored to their situation.
Key Biscayne has no rent control, and Florida law explicitly prohibits any local government from enacting it. In 2023, the Florida Legislature passed HB 1431, which amended Fla. Stat. § 125.0103 (applicable to counties) and Fla. Stat. § 166.043 (applicable to municipalities) to ban rent control ordinances statewide. The law took effect immediately upon the Governor's signature and invalidated any pending or voter-approved rent control measures — including one that Orange County voters had passed at the ballot box.
In practical terms, this means a landlord in Key Biscayne can raise your rent by any amount at the expiration of your lease term, provided they give proper written notice. For month-to-month tenants, that notice period is at least 15 days before the end of the rental period (Fla. Stat. § 83.57). There is no cap on how much rent can increase, no requirement that increases be tied to inflation, and no local appeals process for rent hikes. Renters whose leases are expiring should carefully review renewal terms, as landlords have broad discretion to set new rental rates.
Although Key Biscayne has no local tenant ordinances, Florida's Chapter 83 (the Florida Residential Landlord and Tenant Act) provides a meaningful baseline of protections for all renters in the state.
Habitability & Repairs (Fla. Stat. § 83.51 & § 83.56): Landlords are legally required to maintain rental units in a condition that meets building, housing, and health codes, and to keep plumbing, heating, and structural elements in good repair. If your landlord fails to make essential repairs, you must first serve a written 7-day notice specifying the deficiency. If the landlord still does not act within 7 days, you may have the right to terminate the lease or pursue other legal remedies under Fla. Stat. § 83.56(1).
Security Deposits (Fla. Stat. § 83.49): Florida law regulates how landlords must hold and return security deposits. See the dedicated Security Deposit section below for full details.
Notice Requirements (Fla. Stat. § 83.57): For month-to-month tenancies, landlords must give at least 15 days' written notice before the end of a rental period to terminate the tenancy. For week-to-week tenancies, the required notice is 7 days. These notice periods apply equally to tenants wishing to vacate.
Anti-Retaliation Protection (Fla. Stat. § 83.64): A landlord may not raise rent, threaten eviction, reduce services, or take any other adverse action against a tenant in retaliation for: complaining to a government agency about housing code violations, organizing or joining a tenant union, or exercising any right protected under Florida law. A retaliatory act within one year of a tenant's protected activity is presumed retaliatory under the statute.
Lockout & Utility Shutoff Prohibition (Fla. Stat. § 83.67): Self-help eviction is illegal in Florida. A landlord cannot remove doors or windows, change the locks, or intentionally interrupt electricity, water, heat, or other essential utilities in order to force a tenant out. Violations entitle the tenant to recover actual damages or three months' rent (whichever is greater), plus attorney's fees and court costs.
Security deposit rules in Key Biscayne are governed exclusively by Fla. Stat. § 83.49. Florida law does not cap the amount a landlord may charge as a security deposit, so landlords in high-cost markets like Key Biscayne may require deposits equal to two or more months' rent — always check your lease carefully.
Return Deadline: If the landlord intends to make no deductions, the deposit must be returned within 15 days after the tenancy ends and the tenant vacates. If the landlord intends to make deductions, they must send the tenant a written notice of the claim — by certified mail to the tenant's last known address — within 30 days of the tenancy ending. The tenant then has 15 days to object in writing to any claimed deductions.
Failure to Comply: If a landlord fails to provide the required written notice of deductions within 30 days, they forfeit the right to withhold any portion of the deposit and must return the full amount. This is a strict deadline with no exceptions under Fla. Stat. § 83.49(3)(a). Tenants who must sue to recover an improperly withheld deposit may also be entitled to attorney's fees.
Holding Requirements: Landlords must hold deposits in a separate non-commingled Florida bank account, or post a surety bond for the amount. They must provide written notice to the tenant within 30 days of receiving the deposit specifying where and how it is being held (Fla. Stat. § 83.49(2)).
Evictions in Key Biscayne follow the Florida residential eviction process established under Fla. Stat. § 83.56 and Fla. Stat. § 83.59. A landlord cannot remove a tenant without going through the court system — self-help eviction (lockouts, utility shutoffs, removing belongings) is prohibited under Fla. Stat. § 83.67.
Step 1 — Written Notice: Before filing in court, the landlord must serve the appropriate written notice:
Step 2 — Court Filing: If the tenant does not comply after the notice period expires, the landlord may file an eviction complaint in Miami-Dade County Court. The tenant will be served with a summons and has 5 business days to file a written response (answer) with the court.
Step 3 — Hearing & Judgment: The court schedules a hearing at which both parties may present evidence. If the court rules in the landlord's favor, it issues a judgment for possession. The tenant may have a brief window to appeal.
Step 4 — Writ of Possession: After judgment, the landlord may request a Writ of Possession from the court. A Miami-Dade County sheriff's deputy will serve the writ and, if the tenant has not vacated, will physically remove the tenant after a 24-hour notice posted on the door.
Just Cause: Florida does not require landlords to have just cause to terminate a tenancy at the end of a lease term. However, during an active lease, a landlord may only evict for the reasons stated in the lease or under Fla. Stat. § 83.56.
The information provided on this page is for general informational purposes only and does not constitute legal advice. Tenant rights laws — including statutes, local ordinances, and court interpretations — can change, and the specific facts of your situation may affect how the law applies to you. Renters in Key Biscayne facing a landlord dispute, eviction, or other housing issue should consult a licensed Florida attorney or contact a qualified legal aid organization such as Legal Services of Greater Miami. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for actions taken in reliance upon it.
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