Does Florida Have Rent Control?
No, Florida does not have rent control laws limiting the amount that landlords may ask for rent and state law prohibits local governments from establishing their own rent control laws except in a housing emergency.
How Much Can a Landlord Raise Rent By in Florida?
In Florida, landlords can raise the rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.
When Can a Landlord Raise Rent in Florida?
In Florida, landlords can raise the rent for any reason as long as they give proper notice, don’t do so during the fixed term of a lease (unless the lease allows for it), and aren’t doing so for certain discriminatory or retaliatory reasons.
When Can’t a Landlord Raise Rent in Florida?
In Florida, landlords cannot raise the rent during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement), for certain discriminatory reasons (like race or age), or for certain retaliatory reasons (such as in response to a tenant requesting repairs).
The Federal Fair Housing Act prohibits discrimination due to:
- Gender (including gender identity)
- Sexual orientation
- Nationality or origin
- Familial status
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
Florida law also prevents landlords from increasing rent in retaliation. An action by a landlord is considered retaliatory if it occurs after something a tenant does. The law does not specify what time period between the tenant action and rent increase qualifies as retaliation, so landlords should act in good faith when increasing rent.
Rent increases are considered retaliatory if they are in response to a tenant action, such as:
- Filing a complaint with the appropriate agency regarding the health or safety of the property
- Exercising a right granted by law or the lease agreement
- Joining or organizing a tenants’ group or union
- Requesting repairs
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 their own notice requirements, like in Miami-Dade County and Royal Palm Beach. Landlords can establish their own minimum notice period in the lease agreement.
In Miami-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
- Quarter-to-quarter lease – 30 days’ notice
- Month-to-month lease – 15 days’ notice
- Week-to-week lease – 7 days’ notice
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.