Miami Landlord-Tenant Rules
Miami adds local rules on top of Florida landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| State preemption | Florida law preempts the regulation of residential tenancies and the landlord-tenant relationship to the state. The statute says it supersedes local rules on matters covered by the Florida Residential Landlord and Tenant Act, including tenant screening, security deposits, application fees, lease terms, disclosures, landlord fees and notice requirements. Neither the City of Miami nor Miami-Dade County can add its own landlord-tenant rules on these subjects, and local rent control is also barred. State law (see the Florida page) controls almost every landlord-tenant question in Miami. Rent control bar for municipalities is in § 166.043(2), read at https://www.flsenate.gov/Laws/Statutes/2026/166.043. |
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| Former Tenant's Bill of Rights (Miami-Dade County) | In May 2022 Miami-Dade County adopted a Tenant's Bill of Rights (Ordinance No. 22-47, codified as County Code Ch. 17, Art. XIV, Secs. 17-171 to 17-180), which applied countywide, including in the City of Miami. It created an Office of Housing Advocacy and a tenant helpline; required landlords to give a tenant-rights notice within 10 days of a new or renewed lease; barred asking about eviction history before a tenant was otherwise qualified; allowed limited repair-and-deduct for health and safety problems; added anti-retaliation protections with a 60-day presumption; and let tenants sue within 2 years. Florida's 2023 preemption law (§ 83.425, ch. 2023-314) supersedes local rules on the matters it covers, so tenants should not rely on the Bill of Rights' added protections. The county's Office of Housing Advocacy web address now redirects to a general Community Services page with no Bill of Rights content. Since July 1, 2023, § 83.425 preempts local regulation of residential tenancies, including notice requirements, lease terms, landlord fees and disclosures, so these county rules are not enforceable. The article is still printed in the current County Code (Sept. 23, 2026 version) with no repeal noted; the ordinance numbered it Art. XIII, but the code places it in Art. XIV. Code text: https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH17HO_ARTXIVMIDECOTEBIRI |
| Local fair housing (source of income) | The Miami-Dade Human Rights Ordinance (County Code Ch. 11A), which applies in the City of Miami, bans housing discrimination based on race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, source of income, gender identity or expression, and status as a victim of domestic violence, dating violence or stalking. Several of these go beyond Florida law, notably source of income (which covers lawful, verifiable income such as Section 8 vouchers, SSI, Social Security and pensions). A written complaint must be filed with the county within one year after the discriminatory act occurred or ended (§ 11A-14), or the person may sue in court (§ 11A-15). Exceptions include rooms or units in an owner-occupied building with no more than four families, and a private owner of no more than three single-family houses who rents without a broker or advertising (§ 11A-13). Phone 305-375-2784. Source of income means lawful, verifiable income paid to a tenant or the tenant's representative, including Section 8 Housing Choice Vouchers, SSI, Social Security, pensions and other retirement benefits (§ 11A-11(12)). Florida's 2023 preemption law (§ 83.425) does not mention fair housing or discrimination, but it does list a landlord's tenant-screening process among the matters it preempts; no court or official source has said whether that affects the county's source-of-income protection. |
| Rental registration/inspection | No City of Miami rental registration, rental license or routine rental inspection program was found. The City's Code Compliance page lists none. Source: Official source |
| Habitability/code enforcement & complaint line | Report code violations to City of Miami Code Compliance by calling 311 or (305) 416-2087 (8 a.m. to 5 p.m.), or after hours (786) 457-0995, or email CodeCompliance@MiamiGov.com. Include a short description, the property address, and your name and address. Anonymous complaints are not accepted. If a violation is found, the owner gets a Notice of Violation and generally 30 days to fix it; unresolved cases go to the Code Enforcement Board, which can impose daily fines and liens. Fire and life-safety issues: (305) 416-1600. The page cites Fla. Stat. § 125.69 for the rule against anonymous complaints. Source: Official source |
| Local rental assistance | City of Miami Senior Rental Assistance Program: up to $500 a month, paid to the landlord, for 12 months, for renters 62 or older living in city limits with household income at or below 50% of area median income and rent above 30% of income. The rent must be current under a signed lease; Section 8, public housing and Section 202 residents and households facing eviction are not eligible. The 2026 application window closed February 20, 2026, and a lottery waitlist was posted. Contact 305-416-2080. The city suggests renters behind on rent call 211 for other community resources. Not a general emergency rental assistance program; no current city or county emergency rental program was verified. Source: Official source |
Eviction cases in Miami are heard in: Miami-Dade County Court (11th Judicial Circuit), filed with the Miami-Dade Clerk of the Court in the district where the property is located
Eviction court, fees and help
Right to a lawyer in eviction cases
No. No right-to-counsel program for tenants was found for the City of Miami or Miami-Dade County. Official source
Local agencies
- City of Miami Code Compliance Department — Inspects and enforces property maintenance violations. 311 or (305) 416-2087.
- Miami-Dade Commission on Human Rights — Takes housing discrimination complaints under the county Human Rights Ordinance, including source of income. 305-375-2784.
- City of Miami Housing & Community Development — Runs the Senior Rental Assistance Program and Section 8 resources. 305-416-2080.
- Legal Services of Greater Miami — Free civil legal services for low-income residents of Miami-Dade and Monroe counties. (305) 576-0080.
Frequently asked questions
What landlord-tenant rules does Miami add on top of Florida law?
State preemption: Florida law preempts the regulation of residential tenancies and the landlord-tenant relationship to the state. The statute says it supersedes local rules on matters covered by the Florida Residential Landlord and Tenant Act, including tenant screening, security deposits, application fees, lease terms, disclosures, landlord fees and notice requirements. Neither the City of Miami nor Miami-Dade County can add its own landlord-tenant rules on these subjects, and local rent control is also barred. State law (see the Florida page) controls almost every landlord-tenant question in Miami.; Former Tenant's Bill of Rights (Miami-Dade County): In May 2022 Miami-Dade County adopted a Tenant's Bill of Rights (Ordinance No. 22-47, codified as County Code Ch. 17, Art. XIV, Secs. 17-171 to 17-180), which applied countywide, including in the City of Miami. It created an Office of Housing Advocacy and a tenant helpline; required landlords to give a tenant-rights notice within 10 days of a new or renewed lease; barred asking about eviction history before a tenant was otherwise qualified; allowed limited repair-and-deduct for health and safety problems; added anti-retaliation protections with a 60-day presumption; and let tenants sue within 2 years. Florida's 2023 preemption law (§ 83.425, ch. 2023-314) supersedes local rules on the matters it covers, so tenants should not rely on the Bill of Rights' added protections. The county's Office of Housing Advocacy web address now redirects to a general Community Services page with no Bill of Rights content.; Local fair housing (source of income): The Miami-Dade Human Rights Ordinance (County Code Ch. 11A), which applies in the City of Miami, bans housing discrimination based on race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, source of income, gender identity or expression, and status as a victim of domestic violence, dating violence or stalking. Several of these go beyond Florida law, notably source of income (which covers lawful, verifiable income such as Section 8 vouchers, SSI, Social Security and pensions). A written complaint must be filed with the county within one year after the discriminatory act occurred or ended (§ 11A-14), or the person may sue in court (§ 11A-15). Exceptions include rooms or units in an owner-occupied building with no more than four families, and a private owner of no more than three single-family houses who rents without a broker or advertising (§ 11A-13). Phone 305-375-2784.; Rental registration/inspection: No City of Miami rental registration, rental license or routine rental inspection program was found. The City's Code Compliance page lists none.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.