Legislature Eliminates Local Landlord-Tenant Laws
By Cody McCaughan, Esq.
What is House Bill (HB) 1417?
Over the last few years, many counties passed local laws giving tenants additional rights in certain situations. However, a recently passed state law dubbed House Bill (HB) 1417, preempted all landlord-tenant matters to the state government, essentially eliminating all local laws that have been passed. The law was intended to unify the legal standards and protect both landlords and tenants through consistent lawmaking. In the language of the new law itself, “the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state. This section supersedes any local government regulations”. It goes on to describe a myriad of circumstances under which this would apply, including approving tenancies, security deposits, rights and responsibilities of the landlord and more. Furthermore, the law includes an amendment to current law that adds a 30-day notice requirement for the termination of all month-to-month tenancies.
Both Miami-Dade and Broward counties had adopted what they dubbed a “tenant bill of rights” that included protections that went further than the statewide “Florida Residential Landlord Tenant Act”, however, these local laws have now been essentially overruled by the Florida legislature.
Miami-Dade County
The new statewide law impacts two major areas of Miami-Dade local law. First, under the prior law, Miami-Dade county required landlords to provide tenants with 60-day notice if rent increases above 5%, this law is no longer applicable as a result of the state preemption. Per, the Florida Residential Landlord Tenant Act there is no longer a notice requirement. Second, the new law shortens the notice window required to terminate a lease to just 30 days, giving tenants less flexibility but landlords more.
Broward County
The most important change to Broward local law is the elimination of the notice of late fee requirement in the county. In Broward, landlords were required to notify their tenants in writing of any late fees they may be assessed. Since the introduction of HB 1417, this law is now preempted and no longer applies. Similarly to Miami-Dade, Broward also had rent increase notice requirements and termination requirements that no longer apply as a result of the new law.
Contact Us
If you are unsure how this new law impacts your rights as a landlord or tenant, feel free to contact us for a no-charge consultation at (305) 928-4190.
