Does a landlord have to give notice of a rent hike? In Miami-Dade, the answer is yes

Tenants in Miami-Dade County must receive at least two months notice before a rent increase of more than 5% under legislation approved by county commissioners on Tuesday.

The notification rule that passed unanimously requires landlords to provide written notice at least 60 days ahead of a rent increase above 5%. The rule takes effect March 25, after a required 10-day waiting period to allow for a veto by the county mayor.

“This just provides a little cushion,” said Eileen Higgins, the county commissioner who sponsored the legislation after reports of tenants facing rent increases of 50% and more within weeks of a lease ending. “It’s totally shocking what is going on.”

When do Miami-Dade landlords have to give notice of rent increases?

Mayor Daniella Levine Cava had planned to sign a veto waiver to enact the ordinance this week, but county lawyers informed her office Wednesday night that the Miami-Dade charter doesn’t allow the veto period to be waived for new ordinances.

Instead of announcing the law’s enactment, Levine Cava held a symbolic signing of the legislation in her 29th Floor conference room at the Stephen P. Clark government center. “Everyday we are hearing stories of the rents skyrocketing,” Levine Cava said, praising tenants and advocacy groups that rallied against soaring rents and demanding government action. “They made their voices heard, and we have heard them.”

Nadirah Sabir, a tenant who has advocated for county action, also spoke at the ceremony. “This is so important for so many people,” she said. “We need this.”

If landlords fail to give the notice, lawyers can use the new rule as a way to fend off an eviction for failure to pay the higher rent, Higgins said.

Some commissioners warned the change could discourage apartment owners from giving tenants month-to-month leases, since Miami-Dade’s new 60-day notification rule would apply to those rentals but not to places rented week-to-week.

Month-to-month leases are a staple for low-income tenants in some neighborhoods and the new 60-day notice would apply to rentals where there is no lease but the rent is due every 30 days.

Commissioner Keon Hardemon predicted the change would mean a shift to more week-to-week leases, which would likely end up costing tenants more while providing even less short-term security.

Does Miami-Dade have a tenant bill of rights?

“I believe it’s going to have a deleterious effect on the people we’re trying to protect,” he said.

Two other proposals related to tenants and rent are expected to face final votes by the summer. They are:

Tenant bill of rights: Sponsored by Commissioners Raquel Regalado and Jean Monestime, the legislation would allow tenants to withhold rent for shoddy maintenance under some circumstances, restrict when a landlord can ask about a tenant’s eviction history, and require landlords to provide renters information about their rights under state and county law.

Rent control: This step faces many hurdles, but Commissioner Kionne McGhee sponsored legislation to study whether Miami-Dade faces a housing emergency that’s “grave” enough to justify a cap on rent increases for 12 months. Voters would have to approve any rent control ordinance, with a referendum coming in 2023 if Miami-Dade commissioners and the mayor opt to pursue that option.

For now, Levine Cava has stayed neutral on the idea of rent control but backs conducting the study on needs in Miami-Dade’s housing market. On Tuesday, she called the current trajectory of rents “unsustainable” and warned of seismic changes if the county can’t reverse the erosion of affordable rentals.

“If people can’t afford to live here, we don’t have a workforce,” she said. “Clearly, we need relief.”

This article was updated with new information about when the new notification rule for rent increases takes effect in Miami-Dade County.

This story was originally published March 15, 2022 at 4:58 PM.