A residential lease agreement in Miami is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Miami currently has several mandatory disclosures that landlords must provide to tenants. These disclosures are either in addition to or modify requirements for Florida’s lease agreements .
Miami Landlords must provide all tenants in a residential building with a Notice of Tenant Rights. This must be delivered to the tenants within 10 days of the start of the lease agreement. Then, tenants must sign, date, and return the notice within 7 days. [1]
If a Miami landlord or property owner receives a notice from a government agency that their property is unsafe, they must deliver a copy of the notice to tenants within 14 days of receiving it. [2]
Under the new bill, tenants can now sue landlords for any violation of the Tenant Bill of Rights. The statute of limitations is two years. [3]
The Tenant Bill of Rights now allows Miami tenants to make repairs and deduct from the rent under certain circumstances: [4]
Miami landlords cannot retaliate against a tenant who, under the above circumstances, has withheld their rent in order to make necessary repairs.
For month-to-month tenancies, landlords who transfer ownership of their property to another individual must notify tenants within 60 days. For all tenancies, landlords must provide 60 days’ notice for rent increases and lease terminations. [5]
In addition to federal and state fair housing laws, Miami-Dade County also prohibits housing discrimination based on age and source of income. [6]
If a property is deemed unsafe by a building official, property owners must make necessary arrangements to relocate tenants within eight hours of the order. This only applies if the building’s safety issues were either intentional or due to neglect. [7]
In Miami, it is illegal for a landlord to inquire about a prospective tenant’s eviction history until after their application has otherwise been approved. [8]
It is illegal for a landlord in Miami to retaliate against a tenant for expressing any of their rights stated in Miami’s Tenant Bill of Rights. [9]
The City of Miami has established a tenant information hotline to help assist tenants with their needs and transfer them to the correct agency or other resource. [10]
Miami’s rental assistance program for seniors provides up to $500 in rental assistance to eligible low-income seniors.
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Due to Jacksonville’s humid climate, landlords may want to include a mold disclosure . This prevents landlords from being liable for future mold-related damage.
Florida ranks second in asbestos-related deaths . This is why landlords should include a disclosure stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the fibers.
Since Miami is primarily a driving city, landlords may want to include a parking addendum to clearly outline the building’s parking policy. This should include information on assigned parking spots, street parking rules, and any prohibited uses of the parking space.
A landlord of a dwelling unit shall provide to each tenant, no later than 10 days after the commencement or renewal of a tenancy, a Notice of Tenant Rights (“tenant’s rights notice”), published by the Office of Housing Advocacy, as outlined in subsection (6) of this section.
Fail to provide to each tenant a copy of the notice within 14 days of receipt of such notice from a government entity or from a condominium association that a residential building may be unsafe as defined by Chapter 8, Section 8-5 of the Code or other applicable state or local laws.
A tenant may file a civil action in a court of competent jurisdiction no later than two years after the alleged violation of this article.
Take an adverse action against a tenant who makes necessary reasonable repairs on their own for health and safety reasons and deducts the cost from their rental payment…
Fail to provide a tenant who occupies a dwelling unit on a month-to-month basis a written notice of a change in ownership of such dwelling unit where such change in ownership may result in the tenant’s tenancy being terminated. Notice must be provided at least 60-days prior to or simultaneously with change in ownership.
Engage in any prohibited acts as set forth in chapter 11A of the Code, including discrimination on the basis of a tenant’s… age….or source of income.
the owner shall, within eight hours from the time of the order to vacate, make, or cause to be made, all necessary arrangements to relocate the displaced residents into housing that is safe, sanitary, and secure
Inquire about or require disclosure from a prospective or current tenant regarding their eviction history on an application
Retaliate, coerce, intimidate, make threats, or harass a tenant or any other person, who aides, or assists such tenant, in the exercise or enjoyment of any right granted or protected by this article.
The County Mayor or the County Mayor’s designee shall establish, or contract to establish, a Tenant Information Helpline…The Tenant Information Helpline shall refer tenants to any agency or entity that can render assistance to the tenant for their particular issue.
Long Beach Lease Agreement
Colorado Springs Lease Agreement
Virginia Beach Lease Agreement
Raleigh Lease Agreement
