Last updated: April 2026
Miami Beach renters enjoy one of Florida's most iconic addresses — but when it comes to tenant protections, state law governs everything. There is no local rent control and no city-specific eviction ordinance. Here is what every Miami Beach renter needs to know.
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Miami Beach is a barrier island city in Miami-Dade County, home to roughly 80,000 residents and one of Florida's most competitive rental markets. The city's popularity among seasonal visitors and long-term renters alike keeps demand — and rents — consistently high. Despite its profile, Miami Beach has enacted no local landlord-tenant ordinances beyond what Florida state law requires.
All tenant protections for Miami Beach renters come from Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682). This means the same rules that apply in Jacksonville or Tallahassee apply here: a landlord may raise your rent by any amount, there is no just-cause eviction requirement, and disputes are resolved under state statute. The most common issues Miami Beach renters face involve security deposit disputes, repair requests, and eviction procedures — all covered in detail below.
This guide is for informational purposes only and does not constitute legal advice. Laws can change and individual circumstances vary. If you are facing eviction or a serious landlord dispute, contact Legal Services of Greater Miami or a licensed Florida attorney.
Miami Beach has no rent control, and no Florida municipality can enact one. In 2023 the Florida Legislature passed HB 1431, which preempts all counties and municipalities from adopting, maintaining, or enforcing any ordinance or policy that controls the amount of rent charged for private residential property. This law is codified at Fla. Stat. § 125.0103 (counties) and Fla. Stat. § 166.043 (municipalities) and has been in effect since June 1, 2023.
The legislation specifically invalidated a voter-approved Orange County rent stabilization measure and permanently closed the door to future local rent caps anywhere in Florida — including Miami Beach. Even if Miami Beach voters were to approve rent control, the city would have no legal authority to enforce it.
In practice, a Miami Beach landlord may raise your rent by any amount on any renewal or new lease. For month-to-month tenants, the landlord must provide at least 15 days' written notice before a rent increase takes effect under Fla. Stat. § 83.57. There is no ceiling on the size of the increase.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides the full set of protections available to Miami Beach renters.
Habitability (Fla. Stat. § 83.51): Landlords must maintain rental units in compliance with applicable building and health codes and keep roofs, windows, doors, plumbing, heating, and electrical systems in good repair. They must also 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 deliver a written 7-day notice describing the deficiency. If the landlord does not act within 7 days, you may terminate the lease or pursue other remedies. Withholding rent carries legal risk — seek legal advice before doing so.
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 terminate 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 joining 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 removes doors, changes locks, 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 Miami Beach rentals are governed by Fla. Stat. § 83.49. Florida imposes no cap on 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 filed, the landlord may deduct the claimed amounts and return the balance.
Penalty for non-compliance: A landlord who fails to return the deposit or send the required notice within the applicable 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 with other funds), post a surety bond, or use another method permitted by statute. Written notice of the holding method must be provided to the tenant within 30 days of receiving the deposit.
Evictions in Miami Beach 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 written notice before filing in court:
Step 2 — Court Filing: If the tenant does not comply, the landlord may file an eviction complaint in Miami-Dade County Court. The tenant is served a summons and has 5 days (excluding weekends and holidays) to file a written response (Fla. Stat. § 83.60).
Step 3 — Hearing: If the tenant responds, a hearing is scheduled. 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 before physical removal (Fla. Stat. § 83.62).
Self-help eviction is illegal: Under Fla. Stat. § 83.67, a landlord who locks out a tenant, removes doors, or shuts off utilities outside the court process is liable for the greater of actual damages or three months' rent, plus attorney's fees.
No. Miami Beach has no rent control, and Florida law prohibits any city or county from enacting one. The Florida Legislature passed HB 1431 in 2023, codified at Fla. Stat. § 125.0103 and § 166.043, which explicitly preempts all local governments — including Miami Beach — from adopting or enforcing any form of rent stabilization or rent cap.
There is no limit. Florida's 2023 statewide preemption law (Fla. Stat. § 166.043) bans all local rent caps, so a landlord may raise rent by any amount. For month-to-month tenancies, the landlord must give at least 15 days' written notice before the increase takes effect, as required by Fla. Stat. § 83.57.
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. A landlord who misses either deadline forfeits the right to withhold any portion of the deposit.
The required notice depends on the reason. 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).
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. If your landlord does this, you are entitled to recover the greater of your actual damages or three months' rent, plus attorney's fees.
Under Fla. Stat. § 83.51, landlords must maintain rental units in habitable condition. If your landlord fails to act, deliver a written 7-day notice specifying the problem (Fla. Stat. § 83.56). If the landlord still does not respond within 7 days, you may have the right to terminate the lease or pursue other remedies. Contact Legal Services of Greater Miami (lsgmi.org) before withholding rent, as doing so incorrectly can lead to eviction.
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 and local ordinances independently, as laws may have changed since this page was last updated in April 2026.
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