Miami-Dade local guide

Rats and Mice in a Miami Rental: Tenant and Landlord Rules

Updated November 4, 2026

Florida law puts rodent extermination on landlords in most apartment buildings. Here's what Statute 83.51, the tenant duties in 83.52 and Miami-Dade's housing code say.

In most Miami apartment buildings, getting rid of rats and mice is the landlord's job. Florida Statute 83.51(2)(a) says that for a dwelling unit other than a single-family home or duplex, unless the parties agree otherwise in writing, the landlord must make reasonable provisions for extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs. Tenants have duties too: keeping their part of the place clean and sanitary and getting the garbage out.

Single-family homes and duplexes work differently, and local housing codes add their own rules. This guide is general information, not legal advice. For a dispute, talk to a lawyer or a legal aid office.

What Florida Statute 83.51 requires of landlords

Section 83.51 has two layers. Subsection (1) applies to all tenancies: the landlord must comply with applicable building, housing and health codes. If no codes apply, the landlord must keep the structure in good repair and the plumbing in reasonable working order.

Subsection (2)(a) adds duties for dwelling units other than a single-family home or duplex, unless otherwise agreed in writing. The landlord must make reasonable provisions for:

• Extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs
• Locks and keys
• Clean and safe common areas
• Garbage removal and outside receptacles
• Heat in winter, running water and hot water

When you have to leave for extermination

Most rodent work doesn't require anyone to move out. If a treatment does, the statute sets terms. The landlord isn't liable for damages but must abate the rent. The landlord must give seven days' written notice, delivered in person, by mail or by email under section 83.505, and a tenant can only be required to vacate for up to four days.

What tenants owe under 83.52

Florida Statute 83.52 lists the tenant's side. During the tenancy, a tenant must keep the part of the premises they occupy and use clean and sanitary, remove all garbage from the unit in a clean and sanitary manner, and keep plumbing fixtures clean, sanitary and in repair. Tenants also have to follow the parts of building, housing and health codes that apply to tenants, and use appliances and facilities reasonably.

That matters because 83.51(4) says the landlord isn't responsible under that section for conditions caused by the negligent or wrongful acts or omissions of the tenant, a family member or someone else on the premises with the tenant's consent. Food left out and trash piled in the kitchen give a landlord an argument. A clean unit with mice coming through the wall doesn't.

Miami-Dade's minimum housing code

In unincorporated Miami-Dade, Chapter 17 of the county code adds local rules. It covers owner-occupied homes and rented homes, apartments and rooming houses with four or fewer units. Owners must exterminate rodents and insects and provide enough garbage and trash facilities. Tenants must eliminate rodents or insects in their own dwelling and dispose of garbage properly, keep the place clean and sanitary, and allow county staff in for inspections.

Because 83.51(1) requires landlords to follow applicable housing codes, a county housing code violation can also matter under state law. Cities like Miami, Miami Beach and Hialeah enforce their own codes inside their limits. Check with 311 or the city's code office.

Single-family homes and duplexes

The extermination duty in 83.51(2)(a) doesn't automatically apply to single-family homes and duplexes. For those rentals, the lease usually decides who handles pest control. Read it. Many single-family leases in Miami put routine pest control on the tenant and structural repairs on the owner, and rodents fall somewhere in between: the tenant may handle traps, while sealing a soffit or a roof gap is a repair.

The code layer still applies. A landlord must comply with applicable housing codes under 83.51(1), and in unincorporated Miami-Dade, Chapter 17 puts rodent extermination on owners of covered homes.

Condos: owner, tenant and association

If you rent a condo unit, your landlord is the unit owner, not the association. Tell the owner in writing. The owner may in turn need the association to deal with the building's trash rooms, garage and chases. If you own and live in the unit, your condo documents say what the association maintains. Common areas are usually the association's. See condo and apartment rodent control for how building programs work.

Steps for tenants

If you're seeing rats or mice in a rental, this order keeps your options open:

1. Take photos of droppings, gnaw marks and any rodents, with dates.
2. Tell the landlord or manager in writing. Email or a dated letter works, and keep a copy.
3. Keep food in sealed containers and get garbage out on schedule, so the condition can't be blamed on the unit.
4. Give access for inspections and treatment when asked.
5. If nothing happens within a reasonable time, contact code enforcement: 311 in unincorporated Miami-Dade, or your city's code office.
6. Talk to a lawyer or legal aid office before withholding rent or ending a lease. Florida's process has strict notice rules.

Ending a lease or withholding rent

Florida Statute 83.56(1) lets a tenant terminate the rental agreement if the landlord materially fails to comply with 83.51(1) or with material lease terms, but only after written notice that names the problem and states the intent to terminate. The landlord then has seven days after delivery to fix it. If the failure is due to causes beyond the landlord's control and the landlord keeps making every reasonable effort, the statute provides for rent relief instead: no rent while the unit is uninhabitable if the tenant moves out, or rent reduced in proportion to the loss of rental value if the tenant stays.

If a landlord files to evict and a tenant wants to raise the landlord's noncompliance as a defense, 83.56(5)(b) says the tenant must comply with section 83.60(2). Read that section or ask a lawyer before you hold back any rent. Getting the steps wrong can cost you the case.

Steps for landlords

Respond to rodent reports in writing and quickly. Have the unit inspected, and if the source is outside the unit, look at the building: trash areas, the roofline, crawl spaces and shared walls. Mice move between units, so treating one apartment in a building with several reports rarely holds. Keep the provider's reports. If a tenant's housekeeping is part of the problem, document it and put it in writing too. A rodent inspection gives you a written list of findings and entry points.

Related services: Condo and Apartment Rodent Control, Mouse Control, Rodent Inspection