State landlord-tenant law would override local regulations
MIAMI - A bill sits on Governor Ron DeSantis' desk to override local regulations involving landlords and tenants. The bill (HB 1417), which lawmakers passed in April, would lead to the state law trumping - or "preempting" - the local ordinances.
Both Miami-Dade and Broward County have tenant "bill of rights" - that go beyond a state law known as the Florida Residential Landlord and Tenant Act.
"We do need flexibility, and we need our state leaders to understand that we are not trying to punish landlords," shared Eileen Higgins, Miami-Dade County District 5 commissioner.
If signed by the Governor, District 7 commissioner Raquel Regalado explained the new law would undo two significant provisions in the county's "bill of rights."
"We're starting to see more evictions," said Regalado. "We're starting to see more foreclosures. So in terms of the timing, it's bad timing for Miami-Dade County."
If made into law, Commissioner Raquel Regalado's office explains the county's requirement for landlords to give at least 60-day notice for rent increases above 5% goes away. It will also shorten the notice window requirements to terminate a lease.
"When people get evicted here, they end up in the street or in their car," said Regalado. "In other counties, they go to another establishment and pay the rent they can afford here."
And the county's provision providing a more accessible legal remedy for renters to pay for repairs and deduct costs from future rent disappears.
Fabian Basabe, Florida's State Representative, District 106, said, "Tenants and landlords have rights that must be respected and protected. We passed HB 1417 to push back against local governments that have been working against making housing more available and affordable. We took a free market approach to ensuring the government isn't getting in the way of common sense solutions to affordable housing by preventing inflationary regulations, ensuring the uniform application of state law, and standardizing the termination notice period from 15 days to 30 days."
Last year, Miami-Dade County passed a Tenant Bill of Rights to address those issues and more. The county's move also ensured tenants receive information about their federal, state, and local rights when entering into a lease agreement.
Mayor Daniella Levine Cava told CBS News Miami in a statement: "My Administration remains committed to protecting tenant rights within the confines of the law, and we will keep working with community groups, landlords, and residents to ensure families have access to safe, quality housing."
"To strengthen fair housing in Miami-Dade, we have recently expanded our Office of Housing Advocacy, which will continue to connect tenants with needed resources and support and educate residents on local, state, and federal rights. We have also dedicated County resources for the first time to provide free legal support to low-income tenants during the eviction process."
We contacted the Governor's office to see if he would sign or veto the bill on his desk. We're waiting to hear back.