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New County Rule to Reshape Residential Tenancies across Miami-Dade

Javier F. Aviñó & Liana M. Kozlowski

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Landlords in Miami-Dade County must now provide certain residential tenants with at least 60 days’ written notice before terminating a tenancy or imposing a rent increase of 5 percent or more.

The new rule was passed unanimously by the Board of County Commissioners and goes into effect on March 25. The portions of the rule regulating terminations apply only to month-to-month tenancies in unincorporated and incorporated areas of the county. However, the portions of the rule regulating rental increases extend beyond month-to-month tenancies and also apply at the end of any lease for a specific term.

Prior to the passage of this ordinance, the county only required that landlords provide 30 days’ written notice prior to the end of any monthly rental period. The county code was silent with respect to notification requirements for landlords seeking to increase rental rates.  

According to the text of the legislation, the amendment to the county code is part of an effort to combat the “influx of people moving to Florida from states with higher wages and cost of living which has caused an upsurge in rental rates in Florida.” The Commission pointed specifically to a case in the City of Hialeah where tenants held a protest a couple months ago, after a new owner of a 20-unit rental building reportedly raised rents up to 65 percent.

The ordinance, which amends Section 17-03 of the county code, states that once a landlord has provided “60 days written fair notice” of the increased rate and the tenant has not agreed to the new rate or the parties have not reached an acceptable compromise, the landlord may impose the new rate or require the tenant to vacate the residence. 

The full text of the ordinance is available at https://www.miamidade.gov/govaction/legistarfiles/Matters/Y2022/220369.pdf

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