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Every state in the US has its own laws and regulations. In fact, most states have regulations in place when it comes to setting limits on annual rent hikes to ensure that there is affordable housing. These laws protect average citizens and ensure that people don't go broke. However, this often limits property owners from conducting business the way they want to. Is Florida one of those states that has a rent increase limit? Are there any Florida rent increase laws you need to be aware of?
In Florida, landlords are free to raise rent and set rent however they deem fit, as long as they provide proper notice.
While this may be a benefit for you, there are certain conditions you need to be aware of.
Florida Rent Control Laws
No, there are no Florida rent control laws. Additionally, Florida goes a step further and forbids rent control outright, making it one of several US states that do so, barring individual cities and counties from doing so unless absolutely necessary.
Due to statewide limits, there are almost no local rent increase laws in Tampa, Orlando, Miami, and other Florida cities.
Florida Cities
No, there are no local laws in any cities because of the preemptive ban. However, if there is a housing crisis that causes public menace, cities are allowed to impose temporary rent increase regulations. Any controls are also limited to a period of 12 months.
Furthermore, if a landlord or lobbyist challenges the price controls in court, the municipality needs to be able to prove them.
Proper Notice
Florida law doesn’t provide a time frame for giving notice before increasing the rent. Nevertheless, certain local governments, such as Royal Palm Beach and Miami-Dade County, have established their own notice regulations. In the rental agreement, landlords can specify a minimum notice time of their choosing.
Rent increases of more than 5% require 60 days' notice from tenants in Royal Palm Beach and Miami-Dade County. To find out if your region has notice requirements, check your local legislation.
Despite the fact that Florida law does not have a minimum notice requirement, it calls for parties to act honestly, which means a landlord must give the tenant an adequate notice period before raising rent.
The required notice period for a lease termination is often used as fair notice for a rent increase unless local legislation requires otherwise, and is as follows:
- 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
Final Verdict
Tenants who experience significant rent increases may become frustrated due to Florida's absence of rent control regulations which might cause property owners to lose business.
However, Florida's laissez-faire mentality and business-friendly atmosphere are part of what attracts many individuals to live there. Therefore, in general, the state steers clear of laws that would restrict normal market movements, such as rent control.
Affordable housing isn't as much of an issue in Florida as it is in states such as California and New York because the state has several small and mid-sized cities with a low cost of living.
While there aren't any strict laws regarding increasing rental rates, you should still be aware of the necessary Florida Landlord-Tenant laws, eviction laws, and security deposit laws. DoorLoop has all the latest updates so you can ensure you're protecting yourself and your tenants.
If you're looking for templates of the different types of lease agreements, be sure to check out our comprehensive, free forms and resources.
FAQs
When Can a Landlord Raise Rent in Florida?
Landlords are allowed to increase rent for any reason in Florida, except if they are discriminating or retaliating against the tenant. Furthermore, the landlord needs to give the lessee sufficient notice and must not increase the rent during the fixed term of the rental agreement.
How Much Can a Landlord Raise Rent By in Florida?
Florida landlords can raise rent by any amount they want to. In fact, Florida doesn't have any legal limits or caps on rent increases.
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.
Is the Lack of Florida Rent Increase Laws a Problem?
While many people enjoy the lack of restrictions when it comes to increasing rental prices in Florida, others have seen it as a major problem. In 2022, the Florida Association of Realtors and Florida Apartment Association sued Orange County, Florida, to stop the initiative to implement rent control ordinances.
Currently, Florida only permits rent control ordinance in a housing emergency. The associations stated that there is no emergency and that the attempt to implement rent control measures could backfire by discouraging the construction of apartment buildings.
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