HomeMy WebLinkAboutO-13686City of Miami
Ordinance 13686
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1942 Final Action Date: 6/8/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE
OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), ESTABLISHING CHAPTER
47/ARTICLE 1 OF THE CITY CODE, ENTITLED "RENTAL
HOUSING/TERMINATION OF A TENANCY WITHOUT A LEASE", PROVIDING
THAT RESIDENTIAL TENANCIES WITHOUT A SPECIFIC DURATION, WITH
RENT PAYABLE ON A MONTHLY BASIS, MAY BE TERMINATED BY EITHER
PARTY WITH NO LESS THAN THIRTY (30) DAYS WRITTEN NOTICE PRIOR
TO THE END OF ANY MONTHLY PERIOD AND, EXCEPT FOR THE NOTICE
PROVISIONS SET FORTH HEREIN, PROVIDING FOR THE APPLICABILITY
OF PART II, CHAPTER 83, FLORIDA STATUTES GOVERNING "RESIDENTIAL
TENANCIES" TO THE RENTAL OF RESIDENTIAL DWELLING UNITS IN THE
CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, one consequence of the revitalization of any neighborhood is that rents
often increase commensurate with the physical improvements to buildings and the increased
cost of services; and
WHEREAS, for many people residing in the City of Miami ("City"), the combination of
neighborhood revitalization, the increased popularity of certain areas, and an increasing housing
shortage have interacted to increase rents; and
WHEREAS, there is a need to address the issue of the required notice provided to
tenants regarding termination of tenancies or displacement by their landlords; and
WHEREAS, currently Section 83.57, Florida Statutes, requires a fifteen (15) day written
notice for persons renting on a month -to -month basis; and
WHEREAS, in accordance with a May 5, 1994 Attorney General Opinion, the City's
proposed enlargement of the notification period by passage of an ordinance requiring at least a
thirty (30) day notice before termination of a month -to -month tenancy by either party would be
"supplemental" to the state statute and compliance with such an ordinance is possible without
violating the referenced Section 83.57, Florida Statutes; and
WHEREAS, the City has the power to extend the notice provisions for the termination of
residential tenancies without a specific duration;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 1942 (Revision:) Printed On: 3/21/2025
File ID: 1942 Enactment Number: 13686
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 47/Article I of the Code of the City of Miami, Florida, as amended, is
established in the following particulars:1
"CHAPTER 47
RENTAL HOUSING
ARTICLE I
TERMINATION OF A TENANCY WITHOUT A LEASE"
Sec. 47-1. Written Notice of Termination of Tenancy.
(a) Required. A residential tenancy without a specific duration in which the rent is payable on a
monthly basis may be terminated by either the landlord or tenant by giving not less than thirty
(30) days written notice prior to the end of any monthly period.
(b) Applicability of State Law. Except for the notice provisions set forth in subsection (a) of this
section, all other provisions set forth within Part II, Chapter 83, Florida Statutes, governing
"Residential Tenancies" shall apply to the rental of a residential dwelling unit within the City.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
end" ez, City Httor ey 5/2/2017
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 2 of 2 File ID: 1942 (Revision:) Printed on: 3/21/2025