Commissioner Eileen Higgins legislation requiring fair notice on rent increases approved by Board of County Commissioners

MIAMI-DADE – Miami-Dade County Commissioner Eileen Higgins’ legislation requiring fair notice for rent increases was approved at the March 15 Board of County Commissioners (BCC) meeting. The legislation mandates a 60-day written notice before a landlord increases rent by more than five percent when a lease ends. It also extends required written notices for eviction from 30 to 60 days for month-to-month tenancies. Both the rent increase and eviction notices are applicable countywide.

“We’ve heard our residents and we’ve seen it in our community – rents are going up too high too fast. Countless households live in fear of receiving a scandalously high rent increase with little to no notice,” said Commissioner Higgins. “Fair notice gives families more time to prepare. Fair notice is the right thing to do, but not all landlords are doing the right thing."

Additionally, Commissioner Higgins allocated $200,000 to Legal Services of Greater Miami from the Biden administration’s American Rescue Plan Act (ARPA) funds designated for her district. These funds will provide legal assistance to District 5 residents who are behind on rent and are at risk of eviction, as well as those who do not receive fair notice as required by the legislation approved today.

“When a family faces eviction from their home, the legal process is scary, quick, and confusing. Unrepresented tenants are often unaware of their legal rights and do not know how to raise defenses in court. With the funds provided by Commissioner Higgins, Legal Services will be able to represent more District 5 tenants facing eviction, help tenants assert their legal rights, and ensure tenants are not evicted unlawfully,” said Jeffrey Hearne, Chief Advocacy Officer, Legal Services of Greater Miami.

During COVID-19, there has been an influx of people moving to Florida from states with higher wages and cost of living, which has caused an upsurge in rental rates in Florida. According to a recent Miami Herald editorial report, as of December 2021, the average monthly rent in Miami was $3,020.00, which represents a 34 percent annual increase. Community organizations like the Miami Workers Center (MWC) have been on the frontlines of the housing crisis, advocating for local government action to assist the most vulnerable residents in Miami-Dade County.

“This is a step in the right direction and is only possible because of the courage of everyday people fighting against abusive rent hikes to remain in their homes,” said Santra Denis, MWC Executive Director. “Miami Workers Center's members – residents from Liberty City to Little Havana and from Hialeah to North Miami – have organized with their neighbors with one clear message: we who make Miami possible are ‘Here to Stay!’ Thank you, Commissioner Higgins, for standing up for tenants.”

Many states around the U.S., such as Arizona, New Jersey, and Texas, have laws that require landlords to provide notice to their tenants prior to increasing their rents. Championed by Commissioner Alex Fernandez, the City of Miami Beach approved fair notice legislation and Councilman Bryan Calvo led the approval of similar ordinance in the City of Hialeah.

“Our residents deserve more stability in the rental housing market,” said Miami Beach Commissioner Fernandez. “Extending the notice requirements for substantial rent increases will provide tenants countywide with more time to adjust and hopefully some peace of mind. Fair notice doesn’t cost the landlord anything – it is simply the right thing to do.”

“This is also not a final, end-all, be-all solution to the problem of rent but a necessary first step that will provide fair and balanced protection to tenants,” said Hialeah Councilman Calvo.

For more information, please contact Maggie Fernandez, Chief of Staff, at [email protected] or 786-251-7380.