Can City prohibit month-month rental agreements?
Hi, The City of Miami Beach is considering banning all apartment/condo rentals without a minimum six month and one day lease in certain rental districts. FL Statute 166.043 prohibits any City from passing any rule or ordinance that would “have the effect of” controlling rents. Rental property is a form of interstate commerce, according to US Supreme Court. Landlords and tenants generally write contracts depending on their needs and financial abilities. The City may grandfather properties that currently rent without a six month lease. Either way, can a City pass a law to require a written minimum lease – can they control private contracts like this? Especially in a State that prohibits any form of rent control (any ordinance that would effect the price of rents) without a housing emergency and referendum, and whose Landlord Tenant Laws FS 83, part II, provide for month-month rental agreements and whose Tax laws tax such rentals (6 months or less)? I can’t find any other City that does t
