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πŸ”‘ Rental Property Rules/Rent Control

Rent Control: Hialeah vs Miami Gardens

How do rent control rules compare between Hialeah, FL and Miami Gardens, FL?

Hialeah and Miami Gardens have similar restriction levels.

Hialeah, FL

Miami-Dade County

Few Restrictions

Hialeah 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 housing-emergency exception. HB 1417 (Fla. Stat. Sec. 166.0444) further preempted local tenant-protection ordinances, invalidating most provisions of the Miami-Dade County Tenant's Bill of Rights that exceeded state law. Hialeah cannot adopt rent stabilization or local caps on rent increases.

View full Hialeah rules β†’

Miami Gardens, FL

Miami-Dade County

Few Restrictions

Miami Gardens does not have rent control. Florida Statute 166.043 prohibits municipalities from enacting rent control ordinances except in a housing emergency declared by the governor. No housing emergency has been declared affecting Miami Gardens. Landlords may set and increase rent without municipal limitations.

View full Miami Gardens rules β†’

Key Facts Comparison

FactHialeahMiami Gardens
State PreemptionFla. Stat. Sec. 125.0103 + Sec. 166.0444FL Statute 166.043
Live Local ActSB 102 (2023) bans local rent control-
Hialeah AuthorityNone β€” cannot adopt rent control-
Miami-Dade Bill of RightsLargely preempted by HB 1417-
Rent CapsNo state or local cap-
Rent Control-None β€” prohibited by state law
Notice for >5% Increase-60 days written notice
Notice for ≀5% Increase-30 days written notice
Governing Law-FL Statutes Ch. 83 (Landlord-Tenant)

Highlighted rows indicate differences between cities.

Hialeah FAQ

Does Hialeah have rent control?

No. Fla. Stat. Sec. 125.0103 and the 2023 Live Local Act preempt all local rent control. Hialeah and Miami-Dade County cannot adopt rent stabilization.

Can Hialeah cap how much my landlord raises rent?

No. State law preempts local rent regulation. There are no state or local caps on rent increases.

Miami Gardens FAQ

Does Miami Gardens have rent control?

No. Florida law prohibits municipalities from enacting rent control except during a governor-declared housing emergency.

How much notice does a landlord need to raise rent?

Florida law requires 60 days notice for rent increases over 5% on month-to-month tenancies, or 30 days for increases of 5% or less.

Where can I get help with a landlord-tenant dispute?

Landlord-tenant disputes are governed by Florida Statutes Chapter 83. Contact Legal Aid of Miami-Dade County or a local attorney for assistance.

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