According to the Miami-Dade County Board of County Commissioners' Ordinance No. 22-47, also known as the "Tenant's Bill of Rights Ordinance," landlords in Miami-Dade County are required to provide all tenants with a Notice of Tenant Rights.
It's important to note that this Notice is intended to provide an overview of a tenant's fundamental rights in Miami-Dade County under applicable federal, state, and local laws. It is not intended to modify a lease or waive any rights under it, nor is it intended as legal advice. Suppose you have questions about the Notice or your rights as a tenant. In that case, it is recommended that you consult with an attorney. ou will learn what's covered in the notice, and a copy is available for download at the end of the article.
Landlords will learn the following about the Miami-Dade Tenants' Bill of Rights:
What the notice covers
The Notice of Tenant Rights covers a variety of topics, including:
Notices required by the landlord: This section outlines the notices that a landlord must provide to their tenants, such as notice of a rent increase or change in ownership.
Month-to-month termination: This section explains the process for terminating a month-to-month tenancy, including the required notice period and any applicable fees.
Rent increase: This section explains how and when a landlord can increase the rent and the process for challenging a rent increase.
Change in ownership: This section explains the rights and responsibilities of tenants when the property they are renting changes hands.
Unsafe structures: This section explains the rights and responsibilities of tenants if they believe their rental unit is unsafe or unhealthy.
Relocation assistance: This section explains the rights and responsibilities of tenants if they are required to relocate due to a repair or renovation.
Repairs: This section explains the rights and responsibilities of tenants and landlords regarding repairs and maintenance of the rental unit.
Building conditions: This section explains the rights and responsibilities of tenants and landlords regarding the overall condition of the building.
Security deposit return: This section explains the process of returning a security deposit to a tenant at the end of the tenancy.
Discrimination: This section explains tenants' rights to be free from discrimination based on factors such as race, religion, or sexual orientation.
Prohibited actions: This section explains the actions prohibited by the Tenant's Bill of Rights Ordinance, such as locking out a tenant or shutting off utilities.
Freedom from retaliatory conduct: This section explains the rights of tenants to be free from retaliatory behavior by their landlords. For example, landlords may not increase the rent in response to a complaint.
Providing tenants with a copy of the Notice of Tenant Rights can help ensure they are aware of their rights. The Notice also provides resources for tenants, including contact information for agencies that can help resolve disputes or provide assistance.
When does the notice need to be provided?
Landlords must provide the notice within 10 days of the start or renewal of a tenancy, and tenants are required to review, acknowledge, and sign the Notice within 7 days. Landlords must maintain a copy of the most current Notice in the tenant's file until at least 60 days after the lease ends.
Landlords should provide the notice, a welcome letter, and a lease agreement when the lease starts. Suppose the landlord hires a real estate agent or property manager to list their property. In that case, they may provide the notice to the tenant to sign and send a copy to both parties. However, it is ultimately the landlord's responsibility to provide this document to their tenants.
Conclusion
Overall, the Tenant's Bill of Rights Ordinance is a valuable resource for landlords and tenants in Miami. It helps clarify the rights and responsibilities of both parties and can help prevent disputes from arising.
If you are a landlord in Miami, it is essential to familiarize yourself with the Tenant's Bill of Rights Ordinance. Ensure that you comply with all of the requirements outlined in the ordinance. You can avoid potential legal issues, help foster positive relationships with your tenants and create a smooth and successful rental experience for everyone involved.
You can get more infromation regarding this notice and access landlord and tenant resourced by checking out Miami-Dade’s Office of Housing Advocacy webpage.