Miami Residential Lease Agreement

Last Updated: January 17, 2024 by Savannah Minnery

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.

Residential Lease Agreement Requirements in Miami

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.

Notice of Tenant Rights

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.

Notice of Unsafe Building Conditions

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.

Landlord-Tenant Rights and Regulations in Miami

When it comes to landlord-tenant rights, Miami landlords should be aware of the following:

Tenant Bill of Rights

In May 2022, the Tenant Bill of Rights was approved for Miami-Dade County. This bill addresses some changes in Miami landlord-tenant laws, and also highlights several State laws. Topics addressed in this bill include:

  • Tenant’s private right of action
  • Tenant’s right to repair and deduct
  • Notice period for month-to-month tenancies
  • Tenant eviction history protection
  • Landlord retaliation
  • Housing discrimination
  • Rent increases
  • Tenant relocation

Private Right of Action

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.

Tenant’s Right to Repair and Deduct

The Tenant Bill of Rights now allows Miami tenants to make repairs and deduct from the rent under certain circumstances:

  • The tenant has given the landlord 7 days’ written notice of needed repairs
  • The landlord has failed to make repairs in compliance with state and local law
  • The tenant has obtained a minimum of two estimates from licensed professionals
  • The tenant has evidence of the repairs (e.g., receipts or before and after photos)
  • The tenant withholds rent after sending a 7-day notice of the landlord’s failure to make repairs

Miami landlords cannot retaliate against a tenant who, under the above circumstances, has withheld their rent in order to make necessary repairs.

Notice Requirements

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.

Housing Discrimination

In addition to federal and state fair housing laws, Miami-Dade County also prohibits housing discrimination based on age and source of income.

Tenant Relocation

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.

Eviction History

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.

Landlord Retaliation

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.

Tenant Information Hotline

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.

Senior Rental Assistance Program

Miami’s rental assistance program for seniors provides up to $500 in rental assistance to eligible low-income seniors.

Optional Lease Agreement Disclosures and Addendums in Miami

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.

Mold Disclosure

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.

Asbestos Disclosure

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.

Parking Rules Addendum

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.

Summary of Required Lease Disclosures for the State of Florida

  • Landlord’s Name and Address – The landlord must include their name and mailing address on the lease. This informs tenants of where to send any future legal notices or demands.
  • Radon Gas – All rental agreements require a general disclaimer about the dangers of high levels of radon gas. This gas is a naturally occurring radioactive gas that may cause health issues if a person is exposed over time.
  • Security Deposit Holdings – Landlords must provide a written disclosure of how security deposit funds will be kept. Additionally, landlords must provide general information about security deposits and how they work in Florida.
  • Lead-Based Paint – It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints.