Westchester renters in Miami-Dade County are covered by Florida state law on security deposits, habitability, and eviction — but a 2023 state law eliminated all possibility of local rent control.·Updated April 2026
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Key Takeaways
Find out whether Westchester or Florida allows rent control below.
Review how long a Florida landlord has to return your deposit and what happens if they don't.
Check the notice period your landlord must give before ending your lease in Florida.
Learn whether your tenancy in Westchester has just-cause eviction protections.
See whether Westchester has local rules that go beyond Florida tenant law.
Legal Services of Greater Miami (lsgmi.org), Florida Legal Services (floridalegal.org)
1. Overview: Tenant Rights in Westchester
Westchester is a census-designated place in Miami-Dade County, a suburban community west of the City of Miami with a large Cuban-American population. The area has a significant renter population, and housing costs in the Miami metropolitan area are among the highest in Florida. Like all Florida communities, Westchester has no local tenant protection ordinances — Florida state law governs all landlord-tenant relationships here.
Florida’s landlord-tenant law is found primarily at Fla. Stat. § 83 (Part II). It covers security deposits, habitability, eviction procedures, anti-retaliation, and prohibits illegal self-help evictions. Legal Services of Greater Miami provides free civil legal help to qualifying Miami-Dade renters.
2. Does Westchester Have Rent Control?
Westchester has no rent control, and Florida state law ensures that none can be created anywhere in the state. In 2023, the Florida Legislature passed HB 1431, which banned all local rent control ordinances statewide — even overriding ballot measures that voters had already approved in Orange County and other jurisdictions. Miami-Dade County’s previous rent stabilization effort was similarly blocked. Landlords in Westchester may raise rent by any amount with proper advance written notice.
3. Florida State Tenant Protections That Apply in Westchester
Florida state law gives all Westchester renters the following core protections:
Security Deposit (Fla. Stat. § 83.49): If your landlord makes no deductions, they must return your deposit within 15 days of move-out. If they intend to deduct, they must send written notice within 30 days — you then have 15 days to object. Failure to follow this process forfeits their right to make any deductions.
Notice to Terminate (Fla. Stat. § 83.57): Month-to-month tenants must receive 15 days’ written notice before termination; week-to-week tenants receive 7 days.
Repairs & Habitability (Fla. Stat. § 83.56): Landlords must maintain the premises in a habitable condition. If your landlord won’t make essential repairs, serve a 7-day written notice. If there is still no action, you may terminate the lease or pursue other remedies.
Retaliation Protection (Fla. Stat. § 83.64): Landlords cannot raise rent, threaten eviction, or reduce services in retaliation for complaining to a housing inspector, joining a tenant organization, or exercising any legal right.
Lockout & Utility Shutoff (Fla. Stat. § 83.67): Self-help eviction is illegal. A landlord cannot remove doors, lock you out, or intentionally interrupt utilities to force you out. You can sue for actual damages plus attorney’s fees.
4. Security Deposit Rules in Westchester
Under Fla. Stat. § 83.49, Westchester landlords who make no deductions must return your deposit within 15 days of move-out. If they plan to deduct, they must mail written notice within 30 days stating the reasons — you then have 15 days to dispute the deductions in writing. A landlord who fails to follow this procedure forfeits the right to make any deductions at all. Document your unit’s condition thoroughly at move-in and move-out with dated photos and written notes to protect your deposit claim.
5. Eviction Process and Your Rights in Westchester
Florida eviction law applies in Westchester. For nonpayment of rent, a landlord must first serve a 3-day notice to pay rent or vacate. For other lease violations, a 7-day notice to cure or vacate is required. To end a month-to-month tenancy without fault, the landlord must provide 15 days’ written notice (Fla. Stat. § 83.57). If the tenant remains after proper notice, the landlord must file suit in Miami-Dade County Court. Self-help evictions — lockouts, removing doors, or utility shutoffs — are illegal under Fla. Stat. § 83.67 and expose landlords to actual damages and attorney’s fees.
6. Resources for Westchester Tenants
Legal Services of Greater Miami — Free civil legal services for low-income residents in Miami-Dade County including eviction defense and tenant rights.
Florida Legal Services — Statewide nonprofit providing free civil legal help including housing and eviction matters.
This article provides general information about tenant rights in Westchester and is not legal advice. Laws change — verify current rules with a local attorney or tenant organization.
Check Your Address
Find out if your home is covered by rent control or tenant protections.
No. Florida’s 2023 HB 1431 banned all local rent control ordinances statewide, and Westchester has none. Landlords can raise rent by any amount with proper advance written notice.
How much can my landlord raise my rent in Westchester?
There is no limit. Florida has no statewide rent control, and HB 1431 (2023) prohibits any local rent control ordinance. Landlords can raise rent by any amount with proper advance written notice at lease expiration or on a month-to-month tenancy.
How long does my landlord have to return my security deposit in Westchester?
If there are no deductions, 15 days after move-out. If the landlord plans to deduct, they must send written notice within 30 days, and you have 15 days to object. Failure to follow the process forfeits the right to deduct (Fla. Stat. § 83.49).
What notice does my landlord need before evicting me in Westchester?
For nonpayment of rent, 3-day notice to pay or vacate. For other lease violations, 7-day notice to cure or vacate. To end a month-to-month tenancy, 15 days’ written notice is required (Fla. Stat. § 83.57). After notice, the landlord must file suit in Miami-Dade County Court.
Can my landlord lock me out or shut off utilities in Westchester?
No. Self-help eviction is illegal under Fla. Stat. § 83.67. You can sue for actual damages and attorney’s fees if your landlord locks you out, removes doors, or shuts off utilities without a court order. Contact Legal Services of Greater Miami if this happens.
What can I do if my landlord refuses to make repairs in Westchester?
Serve a 7-day written notice to repair under Fla. Stat. § 83.56. If the landlord still does not act, you may be able to terminate the lease or pursue other legal remedies. Contact Legal Services of Greater Miami for free guidance on your options.
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