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πŸ”‘ Rental Property Rules/Rent Control

Rent Control: Miami Beach vs Miami

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

Miami has fewer restrictions than Miami Beach.

Miami Beach, FL

Miami-Dade County

Some Restrictions

Florida preempts local rent control, so Miami Beach cannot cap rent amounts. However, the city enacted Ordinance 2021-4427 requiring landlords to provide at least 60 days written notice before imposing rent increases exceeding 5%. Tenants have 30 days to accept or negotiate after receiving notice.

View full Miami Beach rules β†’

Miami, FL

Miami-Dade County

Few Restrictions

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.

View full Miami rules β†’

Key Facts Comparison

FactMiami BeachMiami
State PreemptionFL prohibits local rent controlFla. Stat. Sec. 125.0103 + Sec. 166.0444
Notice Required60 days for increases over 5%-
Tenant Response30 days to accept or negotiate-
Ordinance2021-4427-
Code Compliance(305) 673-7555-
Live Local Act-SB 102 (2023) bans local rent control
Miami Authority-None β€” cannot adopt rent control
Miami-Dade Bill of Rights-Largely preempted by HB 1417
Rent Caps-No state or local cap

Highlighted rows indicate differences between cities.

Miami Beach FAQ

Does Miami Beach have rent control?

No. Florida Statute 166.043 preempts local rent control. Miami Beach cannot cap rent amounts. However, Ordinance 2021-4427 requires 60 days written notice before rent increases exceeding 5%.

How much notice must a landlord give for a rent increase?

Landlords must provide at least 60 days written notice for rent increases greater than 5%. Tenants then have 30 days to accept or negotiate the proposed increase.

What can I do if my landlord raises rent without proper notice?

File a complaint with Miami Beach Code Compliance at (305) 673-7555. The city enforces the 60-day notice requirement through its code enforcement process.

Miami FAQ

Does Miami have rent control?

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

What happened to the Miami-Dade Tenant's Bill of Rights?

The 2023 HB 1417 preempted local tenant-protection ordinances exceeding state law. Provisions like the 60-day notice for rent increases over 5% were invalidated. Anti-discrimination protections may remain to the extent they parallel state and federal fair housing law.

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