| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice | No 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 prohibits local governments from establishing rent control laws except in a housing emergency.
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
60 days before the end of a year-long lease, a landlord sends a notice that rent will increase by 4% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in Florida?
Landlords in Florida may not raise 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 retaliation against a protected tenant action, such as filing a complaint
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.
In Miami-Dade County and Royal Palm Beach, landlords must give tenants 60 days’ notice before increasing the rent by more than 5%. Always check local laws.
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 – 30 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 Fla. Stat. § 125.0103(3)
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A municipality, county, or other entity of local government may not adopt or maintain in effect any law, ordinance, rule, or other measure that would have the effect of imposing controls on rents.
Source Link - 2 Fla. Stat. § 83.64(1)
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It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:
(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;
(b) The tenant has organized, encouraged, or participated in a tenant organization;
(c) The tenant has complained to the landlord pursuant to s. 83.56(1);
(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682;
(e) The tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand from the association in order to pay the landlord’s obligation to the association; or
(f) The tenant has exercised his or her rights under local, state, or federal fair housing laws.
Source Link - 3 Code of Miami-Dade § 17-176(c)
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…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(a) & (b)
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It is unlawful for any person, including but not limited to any owner, lessee, lessor, sublessee, sublessor, assignee, assignor, manager, real estate broker, salesperson, condominium association, homeowners’ association, cooperative association, or any representative of any of the foregoing:
(a)To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny, a dwelling to any person because of a discriminatory classification.
(b)To discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of a discriminatory classification.
Source Link - 5 Code of Miami-Dade § 17-03(b)
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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
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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 Fla. Stat. § 83.57
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A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
Source Link
