Miami's Rental Property Rules: The Rules That Matter

Every city handles rental property rules a little differently. In Miami, Florida, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Relocation Assistance

Florida law does not require relocation payments to displaced tenants, and Miami has no local relocation-assistance ordinance. Renters forced out by demolition, conversion, or owner move-in receive only their deposit back, not statutory relocation pay.

Key details: Local ordinance: None exists in Miami. State requirement: None under FL Ch. 83. Federal trigger: URA only for HUD-funded projects. Typical payment: Voluntary cash-for-keys negotiations. Deposit return: FL Sec. 83.49 still applies.

There is no Miami relocation-assistance ordinance to violate. Tenants improperly evicted may sue under Chapter 83 for statutory damages, attorney fees, and possessory remedies, but no relocation payment is owed beyond what a private contract may stipulate.

The rules around relocation assistance in Miami lean permissive, but that does not mean anything goes.

Security Deposit Rules

Florida Statutes Section 83.49 governs Miami security deposits. Landlords must hold deposits in a Florida bank, disclose holding details within 30 days, and return funds within 15 to 60 days depending on whether deductions are claimed.

Key details: Statute: FL Sec. 83.49. Refund deadline (no claim): 15 days. Notice deadline (with claim): 30 days certified mail. Holding requirement: Florida bank, separate account. Interest rule: 5+ unit landlords only.

A landlord who fails to send proper written notice within 30 days forfeits any right to keep the deposit. The tenant may sue for the full amount plus attorney fees and court costs under Section 83.49(3)(c).

No-Fault Evictions

Florida Chapter 83 lets landlords end month-to-month tenancies without cause on 30 days written notice and refuse to renew fixed-term leases on 30 to 60 days notice. Miami has no local just-cause protection layered on top.

Key details: Month-to-month notice: 30 days written. Long-term tenancy notice: 60 days (HB 1417). Statute: FL Sec. 83.57. Local just-cause rule: None in Miami. State preemption: FL HB 1417 (2023).

Improper notice (wrong period or method) makes an eviction case dismissible. A landlord who self-evicts (changing locks, removing belongings, cutting utilities) faces statutory damages of three months rent or actual damages, whichever is greater, plus attorney fees under Section 83.67.

Miami is more permissive than most cities when it comes to no-fault evictions. That said, there are still limits.

Tenant Anti-Harassment

Miami Code Sec. 47-13 (Tenant Bill of Rights) gives renters limited anti-harassment protection layered on top of Florida Section 83.67's prohibition against self-help eviction, retaliation, and unlawful interference with quiet enjoyment.

Key details: Florida self-help bar: FL Sec. 83.67. Anti-retaliation: FL Sec. 83.64. Miami ordinance: Code Sec. 47-13 (2022). Statutory damages: 3 months rent or actual. Tenant-advocate office: City of Miami.

Self-help eviction or utility shutoff exposes a landlord to actual damages or three months rent, whichever is greater, plus attorney fees under Section 83.67(6). Retaliation under Section 83.64 is a defense to eviction. Sec. 47-13 disclosure violations carry city penalties.

Source-of-Income Discrimination

Miami-Dade County Human Rights Ordinance Chapter 11A bars landlords from refusing tenants based on lawful source of income, including Section 8 housing vouchers. Florida has no statewide rule, but the county ordinance covers the City of Miami.

Key details: County ordinance: Miami-Dade Ch. 11A. Protected since: 2019 amendment. Covers Section 8: Yes, vouchers protected. State protection: None in Florida. Civil penalty: Up to $50,000.

Refusing to rent, charging higher rent, or imposing different terms because of voucher use violates Chapter 11A. Remedies include compensatory damages, civil penalties up to $50,000, attorney fees, and injunctive relief through the Commission on Human Rights.

Section 8 Voucher Acceptance

Miami-Dade Public Housing & Community Development administers the Section 8 Housing Choice Voucher program, and Miami-Dade County's Human Rights Ordinance prohibits Miami landlords from refusing tenants solely because they hold a voucher.

Key details: Local PHA: Miami-Dade PHCD. Tenant share: 30% adjusted income. County voucher count: Around 18,000. SOI protection: Miami-Dade Ch. 11A. Inspection standard: HUD HQS.

Refusing to rent to a voucher holder violates Miami-Dade Chapter 11A and exposes the landlord to compensatory damages, civil penalties up to $50,000, and attorney fees. Failing HQS inspection blocks HAP payments until corrections are made.

Just Cause Eviction

Miami does not have a just-cause eviction ordinance. Evictions are governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). The 2023 Live Local Act (HB 1417, codified at Fla. Stat. Sec. 166.0444) preempted local tenant-protection ordinances exceeding state law. Landlords must give a 3-day written notice for non-payment (Sec. 83.56) and 30 days' notice to terminate month-to-month tenancies (Sec. 83.57). Self-help evictions (lockouts, utility shutoffs) are prohibited under Sec. 83.67.

Key details: Just Cause: No local just-cause eviction law. State Preemption: Fla. Stat. Sec. 166.0444 (Live Local Act). Non-Payment Notice: 3-day written notice (Sec. 83.56). Month-to-Month Notice: 30 days (Sec. 83.57). Self-Help: Prohibited under Sec. 83.67.

No local just-cause ordinance exists to violate. Landlords who bypass the courts with lockouts or utility shutoffs violate the state ban on self-help evictions, Fla. Stat. §83.67.

Miami is more permissive than most cities when it comes to just cause eviction. That said, there are still limits.

Rental Registration

Miami requires rental property owners to maintain a current Certificate of Use and business tax receipt. The city's Code Compliance division enforces minimum housing standards on rental properties. Miami-Dade County also requires rental property registration in some areas.

Key details: Certificate of Use: Required for rental properties. Business Tax Receipt: May be required. Inspections: On complaint and proactive. Standards: FL Building Code and IPMC. County Rules: Additional Miami-Dade registration may apply.

Operating a rental property without a Certificate of Use may result in fines and inability to pursue evictions. Properties with uncorrected code violations may face escalating fines through the Special Magistrate process.

Rent Control

Miami has no rent control ordinance. Florida preempts all local rent control under Fla. Stat. Sec. 125.0103, and the 2023 Live Local Act (SB 102) eliminated the prior housing-emergency exception. HB 1417 (Fla. Stat. Sec. 166.0444) further preempted local tenant-protection ordinances, invalidating the Miami-Dade County Tenant's Bill of Rights provisions that exceeded state law. Miami cannot adopt rent stabilization, rent caps, or local limits on rent increases. Landlords set rent and increases by lease contract.

Key details: State Preemption: Fla. Stat. Sec. 125.0103 + Sec. 166.0444. Live Local Act: SB 102 (2023) bans local rent control. Miami Authority: None — cannot adopt rent control. Miami-Dade Bill of Rights: Largely preempted by HB 1417. Rent Caps: No state or local cap.

There is no rent-control ordinance to violate — Miami cannot adopt one. Rent disputes are contract matters between landlord and tenant under the lease and state landlord-tenant law.

If you are coming from a city with tighter rules, you will find Miami gives residents more flexibility on rent control.

The Bottom Line

Compared to many U.S. cities, Miami gives residents more room on rental property rules. 4 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Miami's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.