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πŸ”‘ Rental Property Rules/Rent Control

Rent Control: Miami vs Miami Gardens

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

Miami and Miami Gardens have similar restriction levels.

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†’

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

FactMiamiMiami Gardens
State PreemptionFla. Stat. Sec. 125.0103 + Sec. 166.0444FL Statute 166.043
Live Local ActSB 102 (2023) bans local rent control-
Miami 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.

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.

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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