Renting in an HOA or Condo in Miami: What Move-In Rules Can the Association Require?
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. Two fees, two different statutory treatments
Florida specifically caps what a condo association can charge as a lease-approval fee at $100 per applicant, with spouses or a parent and dependent child counted as a single applicant. That fee is meant to cover the cost of a background check and minor administrative processing, and it only applies at all if the building's declaration, articles, or bylaws actually require lease approval in the first place. A renewal lease with the same tenant generally can't be charged the fee again. Non-condo HOAs governed by Chapter 720 don't have this same statutory cap, so a comparable fee at an HOA-governed property could run higher.
The tenant's own security deposit to the landlord is a completely separate matter, governed by a different statute with no dollar cap but real procedural requirements: the landlord has to place it in an interest-bearing account, a non-interest-bearing account, or a surety bond, notify the tenant in writing within 30 days of that choice, and follow a specific claim-and-return timeline after the tenancy ends, generally 15 days to return it if no claim is made, or 30 days to notify the tenant of an intended claim.
2. Florida's own ESA law is older and more specific than the current federal conversation
Since 2020, Florida has had its own state statute governing emotional support animal requests in housing, separate from the federal Fair Housing Act. It requires specific documentation from a licensed healthcare practitioner confirming a disability-related need and how the animal helps address it, and it prohibits a landlord or association from charging pet fees or deposits for a legitimate ESA, or demanding disclosure of the underlying diagnosis. It also cuts both ways: a healthcare practitioner who issues an ESA letter without a genuine basis for it faces professional licensure discipline.
3. What actually changed federally in 2026, and what didn't
In May 2026, HUD announced it would shift its own enforcement priorities away from emotional support animal cases and toward service animals with specific task training, more closely mirroring the ADA's narrower service-animal definition. That's a real change in how federal fair housing enforcement allocates its resources, and some association boards have reportedly treated it as broader permission to deny ESA requests or demand more invasive documentation than before. But the underlying Fair Housing Act text hasn't changed, only Congress can do that, and critically, Florida's own state ESA statute operates independently of federal enforcement priorities and remains fully in force regardless of HUD's current enforcement posture.
4. Accessible parking is a reasonable-accommodation question here too
Unlike a jurisdiction that sets a fixed percentage of parking spaces a building must reserve, no verified statewide or Miami-specific numeric quota was confirmed as applying uniformly to existing condo or HOA buildings. In practice, a resident with a documented disability who needs accessible parking can request it as a reasonable accommodation, and a board generally has to evaluate that request individually rather than pointing to a general waitlist as grounds to delay or deny it.
5. Move-in checklist by category
| Category | What to confirm before move-in day |
|---|---|
| Association lease-approval fee | Capped at $100/applicant for condos, only if the declaration requires approval; no equivalent cap for HOAs |
| Tenant's security deposit | No statutory cap on amount, but strict account, notice, and return-timeline rules apply |
| Pets | Building's current written policy |
| Service animals / ESAs | Florida's own §760.27 documentation standard, independent of the 2026 federal enforcement shift |
| Parking | Waitlist status, and whether an accommodation request is in play for a disabled resident |
| Elevator/building access | Reservation window and any insurance requirements set by the specific building |
6. Records to collect once the tenant is in
Keep the association's lease-approval fee receipt separate from the tenant's security deposit paperwork, since they're governed by entirely different rules. Keep the deposit's account disclosure notice, sent within 30 days as the statute requires, and any statement of condition or move-in documentation. If a tenant has a service animal or ESA, keep that documentation on file under Florida's §760.27 standard specifically, separate from general tenant records, since it's the more specific and more protective standard that actually governs here.
Substantive review means an editor or reviewer checked this article against the current statute text and the cited third-party guidance. HUD's federal ESA enforcement posture is recent and could shift further through litigation or subsequent guidance; Florida's own state ESA statute is the more directly applicable and more stable standard for a Florida property. This is general information, not legal advice. Corrections: compliance@platuni.com
Frequently asked questions
How much can a Miami condo association charge to approve my tenant's lease?
Generally no more than $100 per applicant, and only if the building's declaration actually requires lease approval in the first place. Non-condo HOAs don't have this same statutory cap.
Is the $100 approval fee the same as my tenant's security deposit?
No, they're entirely separate. The $100 fee goes to the association for processing the lease approval; the security deposit goes to the landlord and is governed by a different statute with its own account and notice requirements.
Did the 2026 HUD announcement mean Florida condo boards can now deny emotional support animals?
No, that announcement was a shift in federal enforcement priorities, not a change to the law itself. Florida's own state ESA statute, in place since 2020, operates independently of federal enforcement decisions and still sets the documentation standard boards have to follow.
What documentation can a Florida condo board request for an ESA?
Written confirmation from a licensed healthcare practitioner establishing the disability-related need and how the animal helps address it, following the specific requirements set out in Florida's own ESA statute.
Is there a set number of accessible parking spaces every Miami condo must provide?
No fixed citywide or statewide quota was verified as applying uniformly to existing buildings. Accessible parking is generally handled as an individualized reasonable-accommodation request instead.
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