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About Landlord & Tenant Law in Miami, United States

Landlord & Tenant law in Miami governs the rights and responsibilities of both landlords and tenants in the rental property market. It covers a wide range of issues such as lease agreements, security deposits, repairs, evictions, and more.

Why You May Need a Lawyer

You may need a lawyer specializing in Landlord & Tenant law in Miami if you are facing issues such as illegal eviction, disputes over security deposits, lease violations, discrimination, or breaches of lease agreements. A lawyer can help protect your rights and guide you through the legal process.

Local Laws Overview

In Miami, landlords are required to maintain rental properties in a habitable condition, provide notice before entering a tenant's unit, and follow specific procedures for evictions. Tenants have rights regarding privacy, security deposits, and the right to a safe living environment. It's important to be familiar with the local laws to ensure your rights are protected.

Frequently Asked Questions

1. Can a landlord evict a tenant without cause in Miami?

No, a landlord can only evict a tenant for specific reasons outlined in the law, such as non-payment of rent, lease violations, or if the landlord intends to use the property for their own purposes.

2. How much notice must a landlord provide before raising rent in Miami?

In Miami, landlords must provide at least 30 days' notice before raising rent for month-to-month tenants. For tenants with fixed-term leases, rent increases can only take effect at the end of the lease term.

3. Can a landlord withhold a security deposit for any reason?

No, a landlord can only withhold a security deposit for specific reasons such as unpaid rent, damages beyond normal wear and tear, or cleaning fees outlined in the lease agreement.

4. What can a tenant do if their landlord refuses to make necessary repairs?

If a landlord fails to make necessary repairs, a tenant may be able to withhold rent, repair and deduct, or take legal action to compel the landlord to make the repairs.

5. Can a landlord enter a tenant's unit without permission in Miami?

No, a landlord must provide reasonable notice (typically 24 hours) before entering a tenant's unit for non-emergency reasons. In cases of emergency, a landlord may enter without notice.

6. What are the rights of tenants in Miami regarding privacy?

Tenants in Miami have the right to privacy in their rented unit. Landlords must provide notice before entering, except in cases of emergency or agreed-upon maintenance visits.

7. Can a tenant sublease their rental unit in Miami?

Whether or not a tenant can sublease their rental unit depends on the terms of the lease agreement. Some leases prohibit subleasing without the landlord's permission, while others may allow it under certain conditions.

8. How long does a landlord have to return a security deposit in Miami?

In Miami, a landlord must return a tenant's security deposit within 15 days after the tenant moves out and provides a forwarding address. The landlord must also provide an itemized list of any deductions from the deposit.

9. What is the process for evicting a tenant in Miami?

The process for evicting a tenant in Miami involves providing the tenant with written notice, filing a lawsuit in court, attending a hearing, and obtaining a court order for the tenant to vacate the property. It's important to follow the legal process carefully to avoid legal complications.

10. Can a tenant break a lease early in Miami?

Tenants in Miami may be able to break a lease early if certain conditions are met, such as military deployment, domestic violence, or uninhabitable living conditions. However, breaking a lease early may result in financial penalties, so it's important to review the lease agreement and seek legal advice if necessary.

Additional Resources

If you need legal advice regarding Landlord & Tenant issues in Miami, you can contact the Florida Bar Association or seek assistance from legal aid organizations such as Legal Services of Greater Miami or Coast to Coast Legal Aid of South Florida.

Next Steps

If you find yourself in need of legal assistance regarding Landlord & Tenant issues in Miami, it's important to consult with a qualified attorney who specializes in this area of law. They can provide guidance on your rights and options under the law, ensuring that your interests are protected throughout the legal process.