Best Landlord & Tenant Lawyers in North Miami Beach
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List of the best lawyers in North Miami Beach, United States
United States Landlord & Tenant Legal Questions answered by Lawyers
Browse our 2 legal questions about Landlord & Tenant in United States and the lawyer answers, or ask your own questions for free.
- What is owner of condo units obligation as far as damage to the condo below their unit.
- The unit above my condo is managed by a Property Management company, and it was rented. During the time it was rented, there were water leaks that damaged my ceilings, and the Management Company. refuses to fix the ceiling so that it matches the rest of the ceiling. Even though... Read more →
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Lawyer answer by Horus Legal Sulotion
Thank you for sharing the details of your situation. Based on the circumstances you described, you may have grounds to escalate the matter legally. You can file a case to request the appointment of a government engineer from Dubai Municipality...
Read full answer - How to protect property from squatters law
- Deed in my mom's name. She died 18 years ago. Son is named as administrator but not as owner. We live in USA so let Non relative live there for 45-50 year but had no formal contract. Let him live there free as long as he paid utilities and taxes.... Read more →
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Lawyer answer by M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS
After completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement. It is worthy to note that you can do...
Read full answer
1. About Landlord & Tenant Law in North Miami Beach, United States
North Miami Beach sits in Miami-Dade County, Florida. State law governs most residential landlord-tenant relationships and sets standard rules for leases, deposits, repairs, and eviction procedures. The backbone is Florida Statutes Chapter 83, commonly known as the Residential Tenancies Act.
Local housing and building codes supplement state law by addressing property maintenance, safety, and nuisance issues. In North Miami Beach, the city enforces housing standards through the Code Compliance process and related ordinances. Tenants should understand both statewide rights and local enforcement practices that can affect habitability and property conditions.
For practical guidance, remember that a Florida attorney or lawyer with landlord-tenant experience can tailor advice to your specific lease, property type, and neighborhood within North Miami Beach. While the term solicitor is used in some jurisdictions, in the United States the preferred terms are attorney or lawyer.
Source: Florida Statutes Chapter 83 - Residential Tenancies (statewide framework). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/083/083.html
Source: North Miami Beach City housing and code enforcement functions and general housing standards. https://library.municode.com/fl/north_miami_beach/codes/code_of_ordinances
2. Why You May Need a Lawyer
Nonpayment of rent and eviction actions in Miami-Dade County can involve complex notices and timelines. An attorney can assess whether a landlord complied with Florida eviction rules and represent you in court if needed.
For example, a tenant who misses a rent payment due to a temporary financial hardship may require counsel to negotiate payment plans or defend against an unlawful eviction. Legal guidance helps protect your occupancy rights while avoiding improper self-help actions by a landlord.
Habitability disputes over mold, leaks, or pest infestations require careful documentation and leverage under Florida law. An attorney can compile repair requests, track response times, and pursue remedies such as escrow of rent or settlement negotiations.
In North Miami Beach, proper notices and maintenance obligations are key elements in any dispute about premises conditions and safety standards. A lawyer can help you preserve claims for damages if the landlord refuses to repair.
Security deposit disputes are common after move-out, especially when deductions are questioned. An attorney can review the lease, itemized deductions, and timelines for returning deposits under Florida law.
The guidance from counsel helps ensure you receive lawful refunds and avoid unwarranted penalties or unnecessary litigation. This is particularly important in long-term leases or multi-tenant buildings.
Lease termination, renewal, or rent increase disputes often require precise contract interpretation and notice rules. An attorney can compare your lease terms to Florida statutory requirements and negotiate favorable terms.
Given North Miami Beach's local enforcement posture, a lawyer can also coordinate with property managers to resolve issues without escalating to litigation where possible.
Discrimination or retaliation claims arise when tenants allege unfair treatment based on protected characteristics or retaliation for complaints. An attorney helps gather evidence and pursue remedies under federal and state law.
Time-sensitive steps, such as filing complaints with housing agencies or initiating suit, benefit from early legal involvement to protect rights and avoid procedural pitfalls.
Lead paint disclosures and federally required notices for older rental properties may trigger specific duties. An attorney can verify compliance and advise on remedies or settlement options if disclosures were deficient.
Federal rules, such as the Lead-Based Paint Disclosure Rule, apply to properties built before 1978 and require clear tenant notification and documentation.
3. Local Laws Overview
Florida law generally governs most residential landlord-tenant matters. The core statewide framework is Florida Statutes Chapter 83, which covers leases, deposits, repairs, and eviction procedures. This statute is periodically updated, so verifying current text on the official legislature site is essential.
Source: Florida Statutes Chapter 83 - Residential Tenancies (statewide framework). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/083/083.html
Federal law also shapes rights in North Miami Beach. The Federal Fair Housing Act prohibits discrimination in renting and advertising based on protected classes, with enforcement efforts led by HUD and related agencies. This ensures broad protections for tenants in residential properties.
Source: Federal Fair Housing Act overview. https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
Local ordinances in North Miami Beach address housing maintenance, licensing, and inspections for rental properties. The City Code Compliance Office enforces standards to preserve safe, habitable rental environments for residents. Always check the North Miami Beach Code of Ordinances for the latest city-specific requirements.
Source: North Miami Beach Code of Ordinances. https://library.municode.com/fl/north_miami_beach/codes/code_of_ordinances
4. Frequently Asked Questions
What is the difference between a lease and a month-to-month agreement in Florida?
A lease sets a fixed term, typically six or twelve months. A month-to-month agreement continues until either party ends it with notice. Both require landlord-tenant compliance under Chapter 83.
How long does a landlord have to return a security deposit in Florida?
Florida law requires timely handling of deposits after you move out. Specific timelines depend on the lease terms and state rules. Always document the condition of the unit before leaving.
What counts as habitability in a North Miami Beach rental?
A rental must provide basic services and safe conditions, including functioning plumbing, electricity, heat, and pest control where applicable. City codes may supplement state standards.
Can a landlord legally enter my rental without notice in Florida?
Landlords generally must provide reasonable notice before entry, except in emergencies. The exact notice period may be described in the lease and state law.
How can I file an eviction in Miami-Dade County if my landlord won’t cooperate?
Evictions are typically filed in the county court system. Tenants or landlords may need legal representation to navigate summons, pleadings, and hearings.
What is the notice to quit required for nonpayment in Florida?
Nonpayment notices precede eviction actions in many cases. The exact duration depends on the lease and statutory requirements, so consult an attorney for precise steps.
Do I need a lawyer for a simple eviction in North Miami Beach?
For eviction or delicate habitability issues, legal counsel often helps ensure compliance and prevent waiving rights. An attorney can represent you in court if needed.
Is there rent control in Florida or North Miami Beach?
No statewide rent control exists in Florida. Cities generally regulate through building codes and local ordinances rather than caps on rent increases.
What counts as retaliation for complaining about repairs?
Retaliation includes adverse actions limited to a tenant after a complaint about housing conditions. Federal and state laws protect against such retaliation.
What forms exist for a security deposit dispute in Florida?
Disputes may involve demand letters, itemized lists of damages, and formal deposit-holding documents. An attorney can guide proper procedures and deadlines.
What are the lead-based paint disclosure requirements in Florida rentals?
Properties built before 1978 require disclosure of known lead paint hazards to tenants. Landlords must provide disclosure forms and warnings.
Where can I find tenant rights resources in Florida or Miami-Dade?
State and federal agencies publish guides for tenants. Local clerk offices and housing agencies also offer guidance and forms for disputes and evictions.
5. Additional Resources
Florida Statutes Chapter 83 - Residential Tenancies (official statute text and updates). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/083/083.html
U S Department of Housing and Urban Development - Fair Housing Act overview (national protections against housing discrimination). https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
Miami-Dade County Clerk of Courts - Eviction information and court resources (official government site). https://www.miami-dadeclerk.com/
6. Next Steps
Define your legal issue and gather documents. Collect your lease, notices, payment records, and any photos or emails. Do this within 1-3 days to start quickly.
Identify local attorneys with landlord-tenant experience in North Miami Beach. Use the Florida Bar Lawyer Referral Service or trusted referrals; allow 1-2 weeks for outreach and consultations.
Prepare a concise case summary and a list of questions for initial meetings. Include timelines, desired outcomes, and budget considerations.
Schedule initial consultations with 2-3 attorneys. Bring all documents and note potential strategies they propose. Expect 30-60 minute sessions per attorney.
Evaluate each attorney on strategy, costs, and compatibility. Request written fee estimates and anticipated timelines for resolution. Allocate 1 week for comparison.
Check references and verify track record in eviction and habitability matters. Contact past clients if possible to assess satisfaction and communication.
Retain your chosen attorney and sign an engagement letter. Set expectations for communication frequency and case milestones. Begin formal representation within 1-2 weeks after selection.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.