Florida Rent Increase Laws: How Much Can You Raise The Rent in Florida?

Contents

DISCLAIMER

This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.

Overview

DEPOSIT

RENT CONTROL

NOTICE OF ENTRY LAWS

RE-KEYING LAWS

RENTAL AGREEMENT

LATE FEES & GRACE PERIODS

SMOKING LAWS

PET LAWS

Most states in the U.S. establish rent regulations to manage affordable housing and prevent homelessness, often tailored to specific types of rental properties.

However, Florida stands out with no rent stabilization or control laws, as mandated by FL Stat. § 125.0103, which prohibits local governments from implementing rent control measures. This allows landlords in Florida significant freedom to set and increase rents, provided they give appropriate notice to tenants.

In practice, this means there is no statewide cap on max rent increase in Florida upon lease renewal. Understanding Florida rent increase laws 2024 is essential for both property owners and tenants navigating this unregulated landscape.

This article aims to answer the question, “How much can landlords raise the rent in Florida?” We will also explore the relevant laws governing rent increases in the state.

Read more: When Should a Landlord Increase the Rent?

How Much Can You Raise Rent In Florida?

In Florida, landlords can raise rent without any legal limits, as the state has no rent control laws. This makes Florida one of the few states that outright forbids rent control, allowing landlords to set rental prices based on market demand. However, it is important to understand the maximum rent increase in Florida is subject to certain conditions.

Landlords can only implement a rent increase upon the termination of a lease period or as specified in the lease agreement. Additionally, any rent increase that is deemed retaliatory or discriminatory is illegal under Florida law. 

Therefore, while there are no specific Florida rent increase limits, landlords must ensure their actions comply with legal standards and do not infringe on tenant rights. 

Read more: How Much Can A Landlord Raise The Rent?

How To Raise The Rent In Florida

While there are no limits on how much you can raise rent in Florida, landlords must ensure that any rent increases comply with state laws and lease agreements. 

Here’s a step-by-step guide to raising rent in Florida.

Step 1: Set Your New Rent Price

When determining your new rent price, it’s beneficial to evaluate the local rental market and current trends to establish a competitive rate. Research median prices and consider factors like property location, such as proximity to schools or amenities, which may influence what tenants can afford. 

Online resources like Rentometer or Zillow Rent Estimate can assist in conducting a comprehensive market analysis of rentals in Florida.

Step 2: Draft the Rent Increase Notice

Next, draft a formal notice of the rent increase. While there are no statewide notice requirements for rent increases, it's important to note that some local government have their notice laws. 

Regardless, standard practice would be to provide a 30-day notice before any rent increase. This helps maintain a positive relationship with your tenants and ensures they have adequate time to prepare for the change.

Step 3: Communicate the Increase

Communicate the rent increase tactfully, ensuring that tenants understand the reasons behind it and have sufficient time to adjust their budgets. Although Florida law does not specify how to give notice of a rent increase, providing written notification is recommended to prevent disputes and clarify details about the increase.

Step 4: Understand Legal Considerations

Stay informed about Florida rent increase laws 2024 to ensure compliance and understand tenant rights regarding potential disputes over increases. Remember that any rent increase deemed retaliatory or discriminatory is illegal under state law.

Read more: How to Increase the Rent: Free Rent Increase Letter

Notice Periods for Rent Increases in Florida [free template]

In Florida, landlords are required to provide written notice before increasing rent, but the amount of notice varies based on several factors, including property type, lease type, and the amount of the rent increase. 

While Florida law does not establish a specific time frame for notice, it emphasizes the importance of acting in good faith, which implies that landlords should give tenants adequate notice before implementing a rent increase.

Local Regulations

Some local governments, such as Royal Palm Beach and Miami-Dade County, have their own notice requirements. For instance, in these areas, landlords must provide 60 days' notice for rent increases exceeding 5%. It is essential for landlords to check local legislation to ensure compliance with any specific requirements.

Standard Notice Periods

The notice period typically used for lease terminations can serve as a reasonable guideline for rent increases unless local laws dictate otherwise:

  • Week-to-week lease: 7 days' notice
  • Month-to-month lease: 15 days' notice
  • Quarter-to-quarter lease: 30 days' notice
  • Year-to-year lease: 60 days' notice

Read more: How to Write a Friendly Landlord Rent Increase Letter

Useful resources: Download Free Rent Increase Notice Letter Template(s)

Mobile Home Tenancies

In Florida, mobile home park owners have specific regulations governing rent increases for lot rentals. Here’s an overview of the key rules and processes related to rent increases for mobile home tenants:

Notice Requirement

According to FL Stat. § 723.031(5) and 723.037(1, 4), mobile home park owners must provide a 90-day written notice to homeowners before increasing lot rents. 

This notice must detail the new rent amount and the effective date of the increase. It also triggers certain rights for homeowners, including the opportunity to meet with the park owner to discuss the reasons for the increase. 

Prospectus Guidelines

Each mobile home park is governed by a document called the "prospectus," which outlines the terms of living in that community, including rent increase policies. The prospectus may specify a maximum allowable rent increase tied to factors like the Consumer Price Index (CPI). For example, if the CPI increases by 5%, rents may similarly increase by 5%.

Justification for Increases

If a park owner wishes to raise rents beyond what is authorized in the prospectus, they must provide evidence of comparable rents in other parks to justify the increase. This requirement aims to demonstrate that overall living costs in the area have risen.

Fair Housing Act Protections

Tenants are protected against discriminatory rent increases under both the federal Fair Housing Act (FHA) and the Florida Fair Housing Act

The FHA prohibits discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status (having children under 18), and disability. Florida law adds pregnancy as an additional protected class.

Landlords must comply with these federal and state fair housing laws to avoid legal repercussions and foster an equitable housing environment. Violations can lead to significant penalties, including fines imposed by the Department of Housing and Urban Development (HUD) for discriminatory practices.

Conclusion: Rent Increases in Florida

Florida's absence of statewide rent control allows landlords to adjust rental prices based on market conditions. However, this flexibility comes with responsibilities such as notice requirements. Also, it's important for landlords to avoid discrimination and retaliation during rent increases to prevent legal issues.

To effectively handle rent collection and increases, consider using a property management system like Landlord Studio. This user-friendly platform simplifies the entire process by streamlining rent collection, automating notifications for rent increases, and ensuring you stay organized and compliant with local regulations.


Florida Landlord Tenant Laws


Texas Rent Increase FAQs

Is there a rent control law in Florida that limits rent increases?

Florida does not have a statewide rent control policy, meaning there are no legal limits on how much landlords can raise rent. However, some local jurisdictions may have specific regulations regarding rent increases.

What is the legal percentage of rent a landlord can raise in Florida?

In Florida, there is no legal limit to the percentage by which a landlord can raise rent unless specified by local ordinances. This means landlords are free to set rent prices according to market conditions without any state-imposed caps.

How much notice must a landlord provide before raising rent in Florida?

Florida law requires landlords to provide tenants with at least 60 days’ notice before the end of the lease period for rent increases or changes to rental terms for year-to-year leases. For month-to-month leases, landlords must give at least 15 days’ notice before the end of the monthly rental period.

Do rent increase rules in Florida apply to all types of residential properties?

Florida's rent increase rules generally apply to residential rental properties. However, certain types of housing, such as rent-subsidized units or mobile homes, may have specific rules and protections regarding rent increases.

Can a landlord raise the rent during a lease term in Florida?

No, a landlord cannot increase the rent during the fixed term of a lease unless the lease agreement explicitly allows for it. Typically, rent increases are applied at the time of lease renewal.