LEGAL UPDATE: REMINDER THAT “NOTICE OF TENANTS’ RIGHTS” FORM NO LONGER NEEDED
Posted May 4, 2025
Leading up to the 2023 legislative session, many counties and local municipalities throughout Florida passed ordinances regarding the rights of tenants and obligations of landlords (and by extension, many REALTOR® members who were working with landlord/owner customers). This created a patchwork of laws throughout the state. As a result, the Florida legislature passed HB 1417 (2023).
SUMMARY OF HB 1417 (2023):
It expressly preempts any local regulation of residential tenancies and landlord tenant relationships. It took effect on July 1, 2023.
WHAT YOU NEED TO KNOW:
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In month-to-month tenancies, landlords and tenants must give each other 30-days’ notice to terminate.
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In leases, the termination notice period may not be less than 30 days, or more than 60 days.
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Local governments can no longer dictate landlord-tenant relationships, notice requirements, security deposits, or rental agreements.
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HB 1417 (2023) does not apply to fair housing laws – those are still in place and must be followed.
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YOU DO NOT HAVE TO USE THE “NOTICE OF TENANTS’ RIGHTS” IN YOUR RESIDENTIAL LANDLORD/TENANT TRANSACTIONS. We know that Miami-Dade County still has that form on its website – along with other forms in the “Landlord Toolkit” – but those are outdated and are not in line with the current legal landscape.
As always, email the MIAMI REALTORS®’ Legal Department at legal@miamire.com with any questions!
DISCLAIMERS:
This page and all posts are meant to provide education and information on relevant legal topics facing the industry and are not a substitute for legal advice. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser. MIAMI REALTORS® does not recommend or endorse the contents of third-party sites. For legal advice or representation, contact private counsel or call the Florida REALTORS® Legal Hotline (1-407-438-1409). The information and materials on MIAMI REALTORS®’ website are provided for educational and informational purposes only and should not be construed as legal advice or as an offer to perform legal services on any subject matter. It contains general information and may not reflect current legal developments or information. Nothing is intended to create an attorney-client relationship and shall not be construed as legal advice. The information is not guaranteed to be correct, complete, current, or suitable. MIAMI REALTORS® makes no warranty, expressed or implied, about the accuracy or reliability of the information in this program or materials. Recipients of the information in this program or materials should not act or refrain from acting on the basis of any information without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. MIAMI REALTORS® expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information in this information and materials.
