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On May 3rd Miami Dade County has enacted a tenant bill of rights taking effect May 13, 2022.  This ordinance creates an office of housing advocacy, establishes a tenant helpline and website, and  prohibiting unlawful practice by landlords.

You should direct your questions about the new Tenants’ Bill of Rights and the new ordinance that requires 60-day written notices to tenants when the rent is increasing more than 5% or when terminating their month-to-month tenancies. Their contact information is: housingadvocacy@miamidade.gov and (786) 469-4545.

Sec. 17-167 Unlawful Practices

It shall be unlawful for any landlord to:

(1)(a) interrupt any utility service, whether of not the service is under the control of or paid by the landlord.

(1)(b) Attempt to collect rent, evict, or threaten to evict, a tenant from a condominium where landlord is delinquent in paying any monetary obligation to the condominium association and the association has demanded the tenant remit the rent to the association  to satisfy the delinquency.

(1)(c) Discrimination, including race, color, religion ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity,  gender expression, sexual orientation, status as a victim of domestic or dating violence or stalking,  or source of income. Victims of discrimination may file a complaint or sue the landlord.

(2)  Additional tenant rights. it shall be unlawful for the landlord to”

(2)(a) fail to provide tenant with the tenant’s bill of rights

(2)(b) fail to provide tenant a notice from a government or condominium association that the building may be unsafe within 14 days of receipt of such notice.

(2)(c) provide notice to a month to month tenant of a change of ownership 60 days prior to or concurrent with such change.

(2)(d) inquire about a prospective tenant’s eviction history until  they have been determined otherwise qualified.

(2)(e) Evict or threaten to evict  a tenant who has made repairs and deducted their cost from the rent if

               (i) tenant has issued landlord a 7 day notice to perform the repairs.

               (ii) Landlord has failed to make the repairs

               (iii) Tenant has obtained at least 2 estimates for the repairs.

               (iv) Tenant has receipts and before and after pictures of their repairs

(2)(f) Evict or threaten to evict  a tenant for use of the tenant information hotline.  A rebuttable presumption of retaliation exists within 60 days of tenant using the hotline.

(2)(g) Retaliate, coerce, intimidate, threaten, harass a tenant or someone who aids a tenant , in the exercise of any right under the tenant bill of rights.

(2)(g) The section applies to lease extensions and renewals.

Sec 17-168 Notice of Tenants’ Rights

  • Landlord shall provide tenant a Notice of Tenants’ Rights within 10 days of the commencement or renewal of a tenancy.
  • Tenant shall sign and date receipt of tenant rights within 7 days.
  • Landlord shall retain the receipt until 60 days after the end of the tenancy.
  • The above shall apply to the renewal of the tenancy.
  • The Office of Housing Advocacy may request copies of the receipt from the landlord.
  • The Office of Housing Advocacy shall provide a downloadable copy of the tenants’ bill of rights in English, Spanish and creole
  • If tenant does not sign receipt of tenants’ bill of rights, landlord shall document their attempts to get the tenant’s signature.

Sec 17-169 Tenant Information Helpline and Website. The Mayor shall establish a tenant helpline (786-469-4545) , publish it on the county website and in the tenants’ bill of rights, and shall include additional tenant resource information and downloadable Florida Bar forms in English, Spanish, and Creole.ties undertaken pursuant to the tenants’ bill of rights.