On February 15, 2022, Miami-Dade County Commissioner Eileen Higgins announced on Twitter that she filed an ordinance in Miami-Dade County to protect renters countywide, in response to calls throughout Miami-Dade to protect tenants from rent increases with little to no notice.
The proposed ordinance will be heard on March 1, 2022, for first reading at a meeting of the Miami-Dade Board of County Commissioners. The ordinance seeks to increase the notice period from thirty (30) days to sixty (60) days for landlords to provide written notice prior to terminating a residential tenancy without specific duration in which the rent is payable on a monthly basis.
Additionally, the proposed ordinance would require residential landlords to provide sixty (60) days written fair notice to tenants if they intend to increase the rent by more than five percent (5%). This requirement would apply to residential leases for a specific term or tenancies without a specific duration in which the rent is payable on a monthly basis. If the required sixty (60) days written fair notice has been provided and the tenant has not agreed to the rent increase or a compromise, the landlord may then impose the increased rent or require the tenant to vacate the residence.
If enacted, the proposed ordinance would apply to incorporated and unincorporated areas of Miami-Dade County.
Earlier in February, the Miami Beach City Commission approved a similar ordinance requiring landlords to provide tenants with at least sixty (60) days written notice of a rent increase greater than five percent (5%).
The ordinance, which amends Section 58-386 of the Code of the City of Miami Beach, applies to residential leases for a specific term and tenancies without a specific duration if the rent is payable on a monthly basis.
The ordinance also provides that tenants will have thirty (30) days after receiving notice of a rent increase to accept the increase, agree to a compromise, or reject the proposed increase. If a tenant rejects the rent increase or is unable to reach a compromise, the landlord may impose the rent increase at the end of sixty (60) days, or either party may terminate the tenancy at the conclusion of the lease term.
Several factors pushed the City of Miami Beach to provide greater protections for renters, including the ongoing Covid-19 pandemic and the fast-paced fluctuations of the local housing market. The purpose behind the ordinance is to give tenants more time to adjust to the financial change, negotiate with their landlords, or find alternative housing.
You can read more the Miami Beach ordinance here, as it appeared on the February 9, 2022, City of Miami Beach Commission Meeting agenda, item R5 C.
If you need help with a landlord-tenant matter, please do not hesitate to schedule a consultation with our office.
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