Want to skip straight to checking your own building? Use the RentCheckMe address checker.
South Miami is a small city of roughly 12,000 residents situated within Miami-Dade County, surrounded by the broader Miami metropolitan area — one of the most competitive rental markets in the United States. With a significant renter population and rising rents across the region, many South Miami tenants actively search for information on rent control, eviction protections, and security deposit rules.
All tenant-landlord matters in South Miami are governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682). South Miami has not enacted any local tenant protection ordinances beyond state law, so understanding your rights under Florida statute is essential. Key areas renters ask about include how much notice a landlord must give before termination, what happens if a landlord refuses to make repairs, and what protections exist against illegal lockouts.
This page is intended to be informational only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you are facing an eviction or a dispute with your landlord, consult a qualified attorney or contact a free legal aid organization in Miami-Dade County.
There is no rent control in South Miami — or anywhere in Florida. In 2023, the Florida Legislature passed HB 1431, which permanently prohibits local governments from enacting, continuing, or enforcing any ordinance or policy that limits the amount a landlord may charge for rent. This law is codified at Fla. Stat. § 125.0103 (for counties) and effectively nullified rent stabilization measures that had been approved by voters in Orange County and considered elsewhere.
In practice, this means South Miami and Miami-Dade County are legally barred from establishing any form of rent cap, rent stabilization, or rent rollback — even if local voters were to approve such a measure at the ballot box. Landlords in South Miami may raise rents by any amount between lease terms, provided they give the required notice. For month-to-month tenants, that notice is 15 days before the end of the monthly period under Fla. Stat. § 83.57. For fixed-term leases, rent increases take effect upon lease renewal.
Renters in South Miami who are experiencing large rent increases have limited legal recourse beyond negotiating directly with their landlord, reviewing their lease terms carefully, or seeking assistance from a housing counselor or legal aid organization.
While South Miami has no local tenant ordinances, Florida state law provides several important protections for renters throughout the state.
Habitability (Fla. Stat. § 83.51): Landlords are required to maintain rental units in a structurally safe, clean, and habitable condition. This includes working plumbing, heat, roof integrity, and compliance with applicable building, housing, and health codes. If your landlord fails to meet this standard, you have the right to pursue remedies under Fla. Stat. § 83.56.
Repairs & Tenant Remedies (Fla. Stat. § 83.56): If your landlord refuses to make essential repairs that materially affect your health or safety, you must first serve a written 7-day notice specifying the issue and demanding correction. If the landlord still fails to act, you may terminate the lease or pursue a court remedy. Tenants must continue paying rent into the court registry if they raise a habitability defense in eviction proceedings.
Notice to Terminate Tenancy (Fla. Stat. § 83.57): A landlord must give a month-to-month tenant at least 15 days' written notice before the end of the rental period to terminate the tenancy. Week-to-week tenants are entitled to 7 days' notice. These are minimum requirements; a lease may require longer notice.
Anti-Retaliation Protection (Fla. Stat. § 83.64): A landlord may not increase rent, decrease services, or threaten eviction in retaliation for a tenant complaining to a governmental agency about housing code violations, organizing or joining a tenant union, or exercising any legal tenant right. Retaliatory conduct within one year of a protected activity creates a rebuttable presumption of retaliation in court.
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 intentionally interrupt electricity, water, or other utilities to force a tenant out. Tenants subjected to such conduct may recover actual and consequential damages, plus attorney's fees.
Security deposit rules in South Miami are governed exclusively by Fla. Stat. § 83.49. Florida law does not cap the amount a landlord may charge as a security deposit, so the amount is whatever is agreed upon in the lease.
Return Deadline: If the landlord makes no deductions, the deposit must be returned within 15 days after the tenancy ends and the tenant vacates. If the landlord intends to make any deductions, they must send the tenant written notice of the intended claim — by certified mail to the tenant's last known address — within 30 days of the tenant vacating. The tenant then has 15 days to object in writing.
Penalty for Non-Compliance: A landlord who fails to provide timely written notice of deductions within the 30-day window forfeits the right to impose any deductions and must return the full deposit. Landlords who wrongfully withhold deposits in bad faith may also be liable for damages, court costs, and attorney's fees under Fla. Stat. § 83.49(3)(c).
Deposit Holding Requirements: Landlords holding a security deposit must keep it in a Florida-licensed bank or savings institution. They may hold it in a non-interest-bearing account, an interest-bearing account (with interest paid to the tenant), or post a surety bond. The landlord must notify the tenant in writing of the method chosen within 30 days of receiving the deposit (Fla. Stat. § 83.49(1)–(2)).
Evictions in South Miami follow the procedures established by the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.56–83.62). Florida has no just cause eviction requirement, meaning a landlord may choose not to renew a tenancy at the end of a lease term for any lawful reason, provided proper notice is given.
Step 1 — Notice: Before filing in court, a landlord must serve the tenant with the appropriate written notice. For nonpayment of rent, the landlord must serve a 3-day notice (excluding weekends and legal holidays) to pay or vacate (Fla. Stat. § 83.56(3)). For lease violations other than nonpayment, a 7-day notice is required — either curable (fix or vacate) or non-curable depending on the severity of the violation (Fla. Stat. § 83.56(2)). To end a month-to-month tenancy without cause, the landlord must give 15 days' notice before the end of the monthly period (Fla. Stat. § 83.57).
Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file a complaint for eviction (unlawful detainer) with the Miami-Dade County Court. The tenant must be properly served with a summons and has the right to respond.
Step 3 — Hearing: The court schedules a hearing. If the eviction is based on nonpayment and the tenant wishes to contest it, Florida law requires the tenant to pay the disputed rent into the court registry (Fla. Stat. § 83.60). Failure to do so may result in a default judgment for the landlord.
Step 4 — Writ of Possession: If the court rules in the landlord's favor, a writ of possession is issued. Only a law enforcement officer (Miami-Dade Police or a local constable) may physically remove the tenant — the landlord cannot do so.
Self-Help Eviction is Illegal (Fla. Stat. § 83.67): A landlord who removes doors, changes locks, cuts off utilities, or otherwise attempts to force a tenant out without a court order commits an unlawful act. The tenant may sue for actual and consequential damages and attorney's fees.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. If you are involved in a dispute with your landlord, facing eviction, or have questions about your rights, you should consult a licensed Florida attorney or contact a free legal aid organization in Miami-Dade County. RentCheckMe makes no warranty as to the accuracy or completeness of the information provided and is not responsible for any actions taken in reliance on it.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.