Are you a renter in Miami-Dade at risk of being evicted? Here’s what you need to know
Are you a tenant in Miami-Dade County on the verge of being forced out by your landlord? If so, you are not alone.
Landlords with Miami-Dade residential properties filed thousands of eviction lawsuits last year, according to the Community Justice Project, a Miami-based community of lawyers that collaborates with grassroots groups in low-income communities of color.
Of 13,604 eviction lawsuits last year, at least 11,279 or nearly 83% were filed against residential tenants, according to the organization’s analysis of Miami-Dade County Clerk of the Courts reports.
For those at risk of being evicted, here’s what you need to know.
What are the eviction rules in Miami-Dade?
Starting March 25, a Miami-Dade residential tenancy without a specific duration where rent is paid monthly may be terminated by either the landlord or tenant by giving not less than 60 days written notice before the end of any monthly period.
Landlords also must give a three-day notice in cases in which tenants owe rent and a seven-day notice for other types of lease violations, said Jeff Hearne, attorney and director of litigation at Legal Services of Greater Miami, an organization that provides free civil legal services to people in need.
If tenants want to increase their chances of winning, here are a few recommendations:
▪ Seek legal help immediately.
▪ File an answer to the lawsuit within five days, not counting weekends and holidays.
▪ Deposit past due rent or any other rent owed into the court.
▪ File a motion to determine rent if the landlord asks for an amount due that is incorrect.
▪ Apply for rental assistance.
▪ Organize with other tenants.
Miami-Dade tenants also have the option to request mediation services to resolve disputes with the landlord at cii2.courtinnovations.com/FLCOURTHELP.
And remember, landlords are not allowed to:
▪ Evict tenants without a court order
▪ Turn off utilities
▪ Change locks
▪ Increase rent or decrease services in a discriminatory manner
▪ Threaten to bring civil action primarily in retaliation
For self-help tools, including an eviction answer builder, tenants can visit the website of Legal Services at legalservicesmiami.org/self-help, or they can call the organization Monday to Thursday, from 1:30 p.m. to 4:30 p.m., at 305-576-0080.
For help in Spanish, tenants can visit www.legalservicesmiami.org/spanish-language. For help in Haitian Creole, they can go to legalservicesmiami.org/creole-language.
To learn more about the rights and duties of tenants and landlords, they can visit the website of the Florida Bar at floridabar.org/public/consumer/tip014.
How quickly can landlords raise the rent?
State law is unclear about how much notice landlords must give to month-to-month tenants, but tenant advocates argue they should give at least a 15-day notice, Hearne said.
Starting March 25, however, a residential landlord that proposes to increase the rental rate of a Miami-Dade unit by more than 5% at the end of a lease, or during a tenancy without a specific duration where rent is paid monthly, must provide 60 days written notice to the tenant.
During that period, the tenant must either:
- accept the proposed amendment;
- reach an acceptable compromise; or
- reject the proposed amendment to their tenancy.
Ways to apply for emergency rental relief
If Miami-Dade tenants can’t pay for rent, Hearne said they can apply for emergency rental assistance — but they must do so quickly to expedite what is a notoriously lengthy process.
Here’s where tenants can apply for rental assistance:
▪ City of Miami — 305-330-1508: miamigov.com/Housing-Assistance-Recovery/Housing-Assistance/ERA-Program
▪ City of Hialeah — 305-863-2970: hialeahfl.gov/690/Funding-Opportunities
▪ City of Miami Beach — 305-673-7260: apps.miamibeachfl.gov/housing
▪ Homestead CRA area — 305-224-4480: axishelps.org/individual/rent-homestead
▪ Miami-Dade County — 305-723-1815: miamidade.gov/global/housing/emergency-rental-assistance-program.page
▪ State of Florida — 833-493-0594: ourflorida.com
People who are homeless or at risk of becoming homeless can call the Homeless Helpline at 1-877-994-4357 or visit the website of the Miami-Dade County Homeless Trust at homelesstrust.org/homeless-trust/homeless-about/home.page.
For additional rental and utility assistance programs and how to apply, visit the website of Urban Impact Lab’s Axis Helps Miami at axishelps.org/individuals/housing-expenses.
This story was originally published February 28, 2022 at 7:00 AM.
