Florida Rent Increase Laws: What Is & Isn’t Legal (2024)

Last Updated: January 4, 2024 by Jessica Menefee

Rent Increase FactsAnswer
Reason Needed?No
Maximum AmountNone
Required NoticeNo Statute

Does Florida Have Rent Control Laws?

Florida does not have rent control laws limiting the amount that landlords may ask for rent. State law prohibitslocal governments from establishing rent control laws except in a housing emergency.

Read More

When Can a Landlord Raise Rent in Florida?

Landlords in Florida can raise the rent at any time, as long as they comply with the following:

  • Give reasonable notice
  • Wait until the end of the lease term (unless otherwise specified in the lease)
  • Aren’t raising rent for discriminatory or retaliatory reasons

When Can’t a Landlord Raise Rent in Florida?

Landlords in Florida maynotraise the rent if:

  • It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
  • The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
  • It is done in response to a protected tenant action, such as filing a complaint. This is known as “retaliation” .

Some local jurisdictions have enacted additional protection from discrimination for renters, such as in Miami-Dade and Broward Counties which prohibit discrimination due to:

  • Source of income
  • Actual or perceived status as a victim of domestic violence, dating violence, or stalking

    How Often Can Rent Be Increased in Florida?

    Landlords in Florida can increase the rent as often as they wish, as long as sufficient notice is provided each time.

    How Much Notice is Needed to Raise Rent in Florida?

    Florida law does not require a specific notice period before raising the rent. However, some local jurisdictions have established notice requirements.

    example

    InMiami-Dade County and Royal Palm Beach, landlords must give tenants 60 days’ notice before increasing the rent by more than 5%. Check your local laws to determine if your area has notice period requirements.

    Even though Florida law has no minimum notice period, it still requires that parties to a contract act in good faith, meaning that a landlord should give the tenant reasonable notice when increasing rent.

    Unless otherwise required by local law, the notice period required for the termination of a lease is typically used as reasonable notice for a rent increase as follows:

    • Year-to-year lease – 60 days’ notice
    • Month-to-month lease – 15 days’ notice
    • Week-to-week lease – 7 days’ notice

    How Much Can a Landlord Raise Rent in Florida?

    In Florida, landlords can raise the rent by any amount they wish. There is no legal limit or cap on the amount of a rent increase.

    Sources

    1 FL Stat § 125.0103

    No municipality, county, or other entity of local government shall adopt or maintain in effect any law, ordinance, rule, or other measure which would have the effect of imposing controls on rents…

    Source Link
    2 FL Stat § 83.64

    It is unlawful for a landlord to discriminatorily increase a tenant’s rent…because the landlord is retaliating against the tenant…

    Source Link
    3 Code of Miami-Dade § 17-176

    …it shall be unlawful for any landlord to…Engage in…discrimination on the basis of a tenant’s…actual or perceived status as a victim of domestic violence, dating violence or stalking, or stalking, or source of income.

    Source Link
    4 Broward County Code of Ordinances § 16½-35

    It is unlawful…To refuse to sell or rent …a dwelling to any person because of a discriminatory classification.

    Source Link
    5 Code of Miami-Dade § 17-03

    A residential landlord that proposes to increase the rental rate by more than five percent…must provide a minimum of 60 days’ written fair notice…

    Source Link
    6 Code of Ordinances Royal Palm Beach § 6-201

    A residential landlord that proposes to increase the current rental rate by more than five percent (5%)…must provide sixty (60) days’ written notice to the tenant…

    Source Link
    7 FL Stat § 83.57

    Termination of tenancy without specific term…written notice…as follows…

    Source Link
    Florida Rent Increase Laws: What Is & Isn’t Legal (2024)

    FAQs

    Florida Rent Increase Laws: What Is & Isn’t Legal? ›

    Is there a maximum rent increase in Florida? In Florida, there is no limit to how much a landlord can legally hike up a tenant's rent. If you suspect your rent has increased due to discrimination, though, Florida's laws for tenants and landlords allow you to fight it.

    What are the rent increase restrictions in Florida? ›

    Unfortunately, Florida has no law control or rent stabilization laws like in other states. Hence the state fails to regulate or intervene on how much a landlord can raise the rent in Florida. According to the Apartment List National Rent Report rents in key cities in Florida have gone up over the past 6 and 12 months.

    Can you challenge a rent increase in Florida? ›

    Tenants can object to a rent increase, although their likelihood of success is low unless you violated Florida's Landlord-Tenant Law or a local ordinance. They may start by responding with a letter that outlines their issues with the rent increase, or even file a petition in court.

    What a landlord Cannot do in Florida? ›

    Landlords in Florida cannot include provisions that waive the tenant's basic rights, such as the right to a court hearing, or provisions that allow the landlord to retain the security deposit without justification. Illegal clauses that impose excessive late fees beyond what is considered reasonable are also forbidden.

    What's the most a landlord can increase rent? ›

    Limits on Rent Increases

    Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living – whichever is lower – over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code § 1947.12.)

    Can a landlord raise rent every year in Florida? ›

    How Often Can You Increase Rent in Florida? Once again, landlords can increase rent as often as they like, as long as they give tenants a sufficient rent increase notice.

    Why does rent keep going up in Florida? ›

    Other reasons include: We still have a lot of remote workers who stayed, or who work in a hybrid remote-office situation. Florida has no rent control laws so landlords may jack up your rates as much and whenever they like, unless it can be proved they did so in a retaliatory manner.

    What is the max a landlord can raise rent in Florida? ›

    How Much Can My Landlord Raise My Rent in Florida? In Florida, there is no limit to how much you can raise the rent as a landlord. This means that the landlord that owns your property can raise the rent amount by any number that they choose.

    What is the highest percentage a landlord can raise rent in Florida? ›

    In Florida, there is no limit to how much a landlord can legally hike up a tenant's rent. If you suspect your rent has increased due to discrimination, though, Florida's laws for tenants and landlords allow you to fight it.

    What is the 3x rent rule in Florida? ›

    Income Requirement: Applicant: Gross monthly income must meet or exceed three times the monthly rent amount. Multiple applicants' income will be combined. Guarantor: Gross monthly income must meet or exceed four times the monthly rent amount.

    What is the 83.53 law in Florida? ›

    Section 83.53(1), F.S. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises. Section 83.53(2), F.S. ■The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.

    What are renters rights in Florida? ›

    Tenant rights include having the peaceful and private possession of the dwelling while allowing for entry from the landlord in the above-described circ*mstances. Depending on the type of dwelling, tenants have the right to certain conditions as detailed in landlord responsibilities.

    Can you legally withhold rent in Florida? ›

    If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, you have several important legal rights, including the right to withhold rent until repairs are made.

    What is AB 1482 notice to tenants? ›

    AB 1482 is a statewide law that went into effect on January 1, 2020 and expires on January 1, 2030. It does two main things: Requires a landlord to have a “just cause” in order to terminate a tenancy. Limits annual rent increases to no more than 5% + local CPI, or 10% whichever is lower.

    What is the Civil Code 827? ›

    According to California Civil Code 827(b), a landlord must give the tenant at least a 30‐day advance notice if the rent increase is equal to 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect.

    What is Rstpo? ›

    The Rent Stabilization Program oversees and enforces the Rent Stabilization and Tenant Protections Ordinance (RSTPO) and Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance (MRSMOPO), which stabilize rents and extend eviction protections for eligible properties.

    How much notice does a landlord have to give a tenant to move out in Florida? ›

    A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 30 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 30 days and that the tenant must move out of the rental unit by that time.

    What are the rules for month-to-month rent in Florida? ›

    If you are on a month-to-month lease, Florida law says you must receive at least a 15-day notice before your rent can be raised or the eviction process can begin. If you do not pay your rent on time and you get a 3-day notice to pay or vacate, pay your rent immediately or get help.

    Do you have to pay rent if landlord doesn t fix things in Florida? ›

    If the landlord does not make the repairs within 7 DAYS after getting your rent withholding letter, you may withhold your rent until the landlord fixes the problem. It is important to save your rent and do not spend it. If your case winds up in court, the judge will require you to pay your rent to the court.

    Top Articles
    Latest Posts
    Article information

    Author: Msgr. Refugio Daniel

    Last Updated:

    Views: 6056

    Rating: 4.3 / 5 (74 voted)

    Reviews: 81% of readers found this page helpful

    Author information

    Name: Msgr. Refugio Daniel

    Birthday: 1999-09-15

    Address: 8416 Beatty Center, Derekfort, VA 72092-0500

    Phone: +6838967160603

    Job: Mining Executive

    Hobby: Woodworking, Knitting, Fishing, Coffee roasting, Kayaking, Horseback riding, Kite flying

    Introduction: My name is Msgr. Refugio Daniel, I am a fine, precious, encouraging, calm, glamorous, vivacious, friendly person who loves writing and wants to share my knowledge and understanding with you.