Rental Property Rules in Miami Beach, FL

If you live in Miami Beach or are thinking about moving there, rental property rules are one of those things you probably won't think about until they affect you directly. Miami Beach has 3 specific rules on the books covering different aspects of rental property rules, and some of them might surprise you.

Just Cause Eviction

Miami Beach does not have a just-cause eviction ordinance. Evictions follow Florida Statute Chapter 83 (the Florida Residential Landlord and Tenant Act). Landlords may terminate month-to-month tenancies with 30 days written notice without stating a cause. Fixed-term leases end at expiration without renewal obligation.

Key details: Just-Cause Required: No. Florida does not require. Month-to-Month Notice: 30 days written notice. Nonpayment Notice: 3-day pay or vacate. Lease Violation Notice: 7-day notice to cure. Governing Law: FL Statute Chapter 83.

Landlords conducting self-help evictions face liability under FL Statute 83.67 including actual and consequential damages plus three months rent. Only the Miami-Dade County Court can order a tenant removed. Filing fees apply for eviction actions. Tenants may raise defenses including landlord failure to maintain the premises.

The rules around just cause eviction in Miami Beach lean permissive, but that does not mean anything goes.

Repairs & Habitability

Miami Beach's property maintenance code sets minimum equipment and facility standards for every dwelling, vacant or occupied: a working kitchen sink, a private bathroom with a flush toilet, lavatory and bathtub or shower, all properly connected to approved water and sewer service.

Key details: Governing section: City Code Sec. 58-291. Minimum sleeping space: 70 sq ft, 1 occupant. Window area minimum: 10% of habitable room floor area. Enforcement body: Code inspector / special magistrate. Appeal window: 10 days from notice of violation.

Sec. 58-201 makes it unlawful to fail to comply with these minimum standards or with any final order issued to enforce them; violators face penalties under Chapter 30 through the special magistrate. If an owner willfully refuses to comply with a final order, the code inspector may have the work done by contract or city forces and record a claim of lien against the property for the full cost, which ranks with ad valorem tax liens and can be foreclosed under Florida Statutes.

Rental Registration

Anyone renting out three or more units on a single lot in Miami Beach must obtain a residential landlord license under City Code Sec. 18-536 before leasing, with a separate license required for every building on the lot that has three or more units. The license fee is set by the total room count, excluding kitchens and bathrooms.

Key details: Trigger: 3+ rental units on one lot. License basis: Per building/structure, not per lot. Fee basis: Total room count, excl. kitchens/baths. Condo/co-op exemption: Individual owners renting their own unit. Adopted: Ord. No. 95-2995, 6-7-95.

Renting three or more units without the required license, or operating without a separate license for each qualifying building on the lot, is a code violation. Because Chapter 18's residential landlord division sets no license-specific fine, it defaults to the citywide general penalty in Sec. 1-14: a fine of up to $500.00, imprisonment up to 60 days, or both, with each day of unlicensed operation counted as a new offense.

The Bottom Line

Miami Beach's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Miami Beach is broadly strict or permissive.

Keep in mind that Miami Beach can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.