Last updated: April 2026
Miami Gardens renters are governed by Florida's Residential Landlord and Tenant Act, which sets enforceable rules on security deposits, eviction procedures, habitability, and illegal landlord conduct. Here's what every Miami-Dade renter should know.
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Miami Gardens is the largest majority-Black municipality in Florida and one of Miami-Dade County's most populous cities, home to a large working-class renter population. Tenant rights in Miami Gardens are governed by Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683); there are no local landlord-tenant ordinances specific to the city.
Florida's 2023 law (HB 1431) eliminated all local rent control authority in the state, including a measure Miami-Dade County voters had approved. Landlords may raise rent by any amount with proper notice. However, Florida law provides meaningful tenant protections around security deposits, habitability, retaliation, and illegal self-help evictions that every Miami Gardens renter should understand.
This guide is for general informational purposes only and does not constitute legal advice. Renters facing urgent housing issues should contact Legal Services of Greater Miami or another qualified attorney.
Miami Gardens has no rent control. Florida's 2023 law (HB 1431) prohibits any local government — including Miami-Dade County and its municipalities — from enacting or enforcing rent stabilization ordinances. Miami-Dade voters had approved a rent stabilization measure in November 2022, but that measure was nullified by the state legislature before it could take effect. Landlords may raise rent by any amount. For month-to-month tenants, at least 15 days' written notice before the end of a rental period is required before a rent increase or termination (Fla. Stat. § 83.57).
Florida's landlord-tenant statute provides the following key protections for Miami Gardens renters:
Habitability: Landlords must maintain rental units in a habitable condition and comply with applicable housing codes. If your landlord fails to make essential repairs after a written 7-day notice, you may terminate the lease or pursue other remedies under Fla. Stat. § 83.56.
Retaliation Protection: Under Fla. Stat. § 83.64, your landlord cannot raise rent, reduce services, or threaten eviction in retaliation for complaining to housing inspectors, joining a tenant organization, or exercising any legal right.
Lockout and Utility Shutoff: Self-help eviction is expressly illegal under Fla. Stat. § 83.67. A landlord who removes doors, changes locks, or intentionally interrupts utilities to force you out may owe you actual damages plus attorney fees.
Security Deposit: Covered in detail in the Security Deposit section below (Fla. Stat. § 83.49).
Security deposit rules for Miami Gardens renters are set by Fla. Stat. § 83.49.
If no deductions are made: Your landlord must return your full deposit within 15 days of you vacating.
If deductions are planned: The landlord must send written notice — by certified mail to your last known address — within 30 days of move-out, specifying the reason for each deduction. You then have 15 days to object in writing.
Penalty for Non-Compliance: A landlord who fails to send the required notice within 30 days forfeits the right to make any deductions. If a dispute goes to court and you prevail, you may recover the withheld amount plus attorney fees.
Tenant Tip: Document the unit with photos at move-in and move-out, and provide your forwarding address in writing when you leave.
Evictions in Miami Gardens must follow Florida's formal court process. Self-help removal — lockouts, utility shutoffs, or removal of belongings — is prohibited by Fla. Stat. § 83.67.
Step 1 — Written Notice:
Step 2 — Court Filing: If you do not comply, the landlord files an eviction lawsuit in Miami-Dade County Court.
Step 3 — Hearing: You have the right to appear and raise defenses including habitability issues, retaliation, improper notice, or acceptance of rent after the notice. Contact Legal Services of Greater Miami for free legal help.
Step 4 — Writ of Possession: If the court rules for the landlord, a Miami-Dade County marshal executes the writ of possession. Only the marshal may remove you — not the landlord.
No. Miami Gardens has no rent control. Florida's 2023 law (HB 1431) prohibits any local government from enacting rent stabilization, nullifying a Miami-Dade County measure approved by voters. Landlords may raise rent by any amount with proper notice.
There is no legal cap on rent increases in Miami Gardens or anywhere in Florida. For month-to-month tenants, the landlord must provide at least 15 days' written notice before the end of a rental period before raising rent or ending the tenancy (Fla. Stat. § 83.57).
If no deductions are made, the landlord must return your deposit within 15 days of move-out. If deductions are planned, written notice must be sent within 30 days. Failure to send that notice forfeits the right to any deductions (Fla. Stat. § 83.49).
For nonpayment of rent, 3 days' written notice. For lease violations, 7 days. To end a month-to-month tenancy without cause, at least 15 days' written notice before the rental period ends (Fla. Stat. §§ 83.56–83.57). A court order is required before you can be removed.
No. Florida law expressly prohibits self-help evictions (Fla. Stat. § 83.67). A landlord who removes doors, changes locks, or intentionally interrupts utilities to force you out may owe you actual damages plus attorney fees.
Send your landlord a written 7-day notice describing the repair. If they fail to act, you may have the right to terminate the lease or pursue other remedies under Fla. Stat. § 83.56. Contact Legal Services of Greater Miami for free assistance.
This article is for general informational purposes only and does not constitute legal advice. Laws and local ordinances may have changed since publication. For advice about your specific situation, consult a licensed Florida attorney or contact Legal Services of Greater Miami.
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