Miami Beach, FL Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- 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
- Non-compliance remedy
- City repair + lien on property
Summary
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.
(a)All buildings, vacant or occupied, shall comply with the requirements of subsections (b)—(h) of this section.(b)Every area designed and used for the purpose of cooking in a building shall contain a kitchen sink in good working condition and properly connected to an approved water system and sewer system. It is the intent of this section to exclude hotel units.(c)Every single-family dwelling, two-family dwelling and apartment unit shall contain a room affording privacy to a person within such room and equipped with a flush water closet, lavatory basin and bathtub or shower in good working condition and properly connected to an approved water system and sewer system, except where more than ten employees are employed on the premises, in which case there must be two such facilities, one designated for men and one designated for women.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).
Full Breakdown
City Code Sec. 58-291, part of the Housing chapter's Division 3 Minimum Standards, requires every building, whether vacant or occupied, to meet subsections (b) through (h). Subsection (b) requires every cooking area to have a kitchen sink in good working condition connected to an approved water and sewer system, excluding hotel units. Subsection (c) requires every single-family dwelling, two-family dwelling and apartment unit to have a private room with a flush water closet, lavatory basin and bathtub or shower in good working condition; commercial units need at least a toilet and lavatory, with separate men's and women's facilities once more than ten employees work on the premises.
Companion sections in the same division add more standards inspectors check together with Sec. 58-291: Sec. 58-292 requires habitable rooms to have windows or skylights covering at least 10 percent of floor area (15 percent for skylight-only rooms) and ventilation openings equal to half that window area; Sec. 58-293 requires weathertight, rodentproof foundations, walls, roofs and safe stairways; and Sec. 58-294 sets minimum sleeping-room floor space at 70 square feet for one occupant and 50 square feet per additional occupant, with at least half the room at a 7-foot ceiling height.
A code inspector enforces these standards under Sec. 58-230 through Sec. 58-233, issuing a notice of violation that becomes a final order if not appealed to the special magistrate within ten days.
Violations & Fines
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.
Frequently Asked Questions
What bathroom facilities must a Miami Beach rental unit have?
Who enforces habitability standards on Miami Beach rentals?
What can the city do if a landlord refuses to fix a violation?
Sources & Official References
Other rules in Miami Beach
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