Miami is Florida's largest city and one of the most competitive rental markets in the United States. With more than half of Miami-Dade County households renting their homes, understanding tenant rights is essential. Renters in Miami frequently search for information about rent increases, security deposit returns, eviction procedures, and what to do when a landlord refuses to make repairs.
All rental housing in Miami is governed by Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682). Miami-Dade County has not enacted any local tenant protections beyond state law, so Florida's statutes are the primary framework for every landlord-tenant dispute in the city. State law sets clear rules on deposits, habitability, notice periods, and prohibited landlord conduct such as lockouts and utility shutoffs.
This page summarizes the laws that apply to Miami renters as of April 2026. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and your specific situation may require guidance from a qualified attorney or legal aid organization.
Miami has no rent control, and Florida law forbids any local government from creating it. In 2023, the Florida Legislature passed HB 1431, which amended Fla. Stat. § 125.0103 (for counties) and related statutes to explicitly prohibit counties and municipalities from enacting, maintaining, or enforcing any ordinance that limits the amount a landlord may charge for rent. The law voided existing and pending local rent stabilization measures, including a voter-approved rent control ordinance in Orange County that never took effect.
In practice, this means Miami landlords may raise rents by any amount at any time — provided they give the legally required advance written notice before the lease term ends or before a month-to-month tenancy is terminated. There is no cap on annual increases, no requirement to justify an increase, and no city or county agency that regulates rent levels. If your lease is up for renewal, your landlord is free to offer it at a higher rate, and you have the choice to accept or vacate with proper notice.
Renters seeking relief from high rents should explore whether they qualify for Miami-Dade County's affordable housing programs or federal housing assistance, as those programs — not rent regulation — are the primary tools available to Miami tenants facing cost burdens.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides the full set of protections available to Miami renters. Key protections include:
Habitability (Fla. Stat. § 83.51): Landlords must maintain rental units in a condition that complies with applicable building, housing, and health codes. This includes functioning plumbing, heating, structural soundness, pest control (in single-family homes if required by lease), and weatherproofing. Tenants must keep their unit clean and notify the landlord in writing of needed repairs.
Repair Remedies (Fla. Stat. § 83.56): If a landlord fails to make essential repairs after receiving written 7-day notice from the tenant, the tenant may terminate the lease or, in cases where the landlord's noncompliance is material, may withhold rent or make repairs and deduct the cost — subject to specific procedural requirements. Tenants must follow the statutory notice process carefully to preserve these remedies.
Notice to Terminate (Fla. Stat. § 83.57): A landlord must give a month-to-month tenant at least 15 days' written notice before the end of a rental period to terminate the tenancy without cause. Week-to-week tenants are entitled to 7 days' notice. Annual lease tenants are entitled to 60 days' notice when the landlord does not wish to renew.
Anti-Retaliation (Fla. Stat. § 83.64): A landlord may not increase rent, decrease services, threaten eviction, or take any adverse action against a tenant in retaliation for complaining to a government agency about housing code violations, joining or organizing a tenant union, or exercising any legal right. If a landlord takes such action within one year of the protected activity, retaliation is presumed.
Lockout & Utility Shutoff Prohibition (Fla. Stat. § 83.67): Self-help eviction is illegal in Florida. A landlord cannot remove doors or windows, change locks, or deliberately interrupt electricity, water, or other essential services to force a tenant out. Violations entitle the tenant to actual damages or three months' rent — whichever is greater — plus court costs and attorney's fees.
Florida law governs security deposits for all Miami rentals under Fla. Stat. § 83.49. There is no statutory cap on how much a landlord may collect as a security deposit in Florida, so Miami landlords may charge any amount they and the tenant agree to.
Holding requirements: Landlords who collect a deposit must hold it in one of three ways: in a separate Florida bank account not commingled with the landlord's funds; in a separate interest-bearing account (with interest paid to the tenant or retained by the landlord as specified); or by posting a surety bond. The landlord must notify the tenant in writing within 30 days of receiving the deposit, specifying how and where it is being held.
Return deadline — no deductions: If the landlord makes no deductions from the deposit, the full amount must be returned to the tenant within 15 days after the tenant vacates the unit.
Return deadline — with deductions: If the landlord intends to make any deductions, they must send the tenant a written notice of intended deductions by certified mail within 30 days of the tenant vacating. The tenant then has 15 days to object in writing. If the landlord fails to send the required notice within 30 days, they forfeit the right to make any deductions and must return the full deposit.
Penalties for noncompliance: A landlord who wrongfully withholds a deposit or fails to follow the statutory procedure may be liable for the full deposit amount plus court costs and attorney's fees under Fla. Stat. § 83.49(3)(c). Tenants should document the condition of the unit at move-out with photos and written records to support any dispute.
Evictions in Miami must follow the process set out in Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.55–83.625). Self-help eviction — including lockouts, utility shutoffs, or removal of belongings — is illegal under Fla. Stat. § 83.67 and exposes the landlord to significant liability.
Step 1 — Written Notice: Before filing in court, the landlord must deliver proper written notice to the tenant. The required notice period depends on the reason for eviction:
Step 2 — Filing in County Court: If the tenant does not comply with the notice, the landlord may file an eviction complaint in Miami-Dade County Court. The tenant is served with a summons and has 5 business days to file a written response.
Step 3 — Court Hearing: If the tenant files a response, the court schedules a hearing. Tenants disputing eviction for nonpayment of rent must deposit the disputed rent amount into the court registry when filing their response, or they risk losing the right to contest (Fla. Stat. § 83.60).
Step 4 — Final Judgment & Writ of Possession: If the court rules in the landlord's favor, a Final Judgment of Eviction is entered. The landlord may then request a Writ of Possession from the clerk. The Miami-Dade County Sheriff's Office enforces the writ by physically removing the tenant if necessary — only a law enforcement officer may do so.
No Just Cause Required: Florida does not require landlords to have a specific reason to end a tenancy when the lease term expires, as long as proper statutory notice is given. There is no just-cause eviction requirement in Miami or anywhere in Florida.
This page is provided for informational purposes only and does not constitute legal advice. The information presented reflects Florida law and Miami-Dade County practices as of April 2026, but laws and local regulations can change. Your individual situation may involve facts or legal issues that require the guidance of a licensed attorney. For advice specific to your circumstances, contact a qualified housing attorney or a legal aid organization such as Legal Services of Greater Miami or Dade Legal Aid. RentCheckMe is not a law firm and does not establish an attorney-client relationship with any user.
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