Does Florida Have Rent Increase Laws?
No, Florida does not have rent increase laws. Florida also goes further and is one of several US states that impose a preemptive ban on rent control, prohibiting individual cities and counties from enacting rent control regulations except under extreme circumstances. That means there are almost no local rent increase laws in Miami, Orlando, Tampa, and other Florida cities, due to the statewide restrictions placed on them.
Florida Rent Control Laws vs Other States
A few states like California and Oregon have statewide rent control laws. Others like New York and Maine have no statewide laws but allow cities and counties to legislate rent control as they see fit. However, many states, including Florida, have a pre-emptive ban on rent control, meaning the government has no right to impose restrictions on the amount landlords can charge in rent.
Is There a Rent Increase Limit in Florida?
No, there is no rent increase limit in the state of Florida. That means landlords can legally charge as much for rent as tenants are willing to pay. However, just because there are no rent increase limits doesn’t mean landlords can charge exorbitant rates, and tenants are expected to accept.
Instead, housing is treated like any other commodity subject to supply and demand. If the landlord raises the rent too much, then the tenant has the option to move somewhere else, forcing landlords to keep their prices competitive.
Florida is a business-friendly state with a lower cost of living than areas where rent control is standard. So, they’ve opted to let the market set rents rather than allowing government intervention.
When Can Landlords Raise Rent in Florida?
No official regulations govern when a landlord can and can’t raise the rent in Florida. However, they must abide by any terms stipulated in the lease agreement. In most cases, landlords can only increase the rent at the end of the lease term unless otherwise specified.
So, if you have a 1-year lease, they can only raise the rent at the end of that year. But nothing is preventing them from putting a clause in the contract allowing them to raise the rent during the lease term as long as the agreement clearly states when and how much the rent will increase. It’s considered valid if you sign the contract. So, read any leases carefully before signing on the dotted line if you plan to move to Florida.
How Much Notice Period is Required When Raising the Rent in Florida?
Technically, Florida has no laws that govern how much notice is required when raising the rent. But some laws regulate the amount of notice required before you can terminate a lease agreement. So, landlords should follow the termination guidelines in case you don’t want to renew the lease to be on the safe side.
The termination guidelines require the following notice:
- 60 days for a yearly lease
- 30 days for a quarterly lease
- 15 days for a month-to-month lease
So, a landlord can inform you of a rent increase the week before your lease is up. But if you decide not to renew, they technically must give you 60 days before they can terminate the agreement (if you had a yearly lease). Therefore, most savvy landlords will provide you with ample notice, so if you don’t renew, it won’t cause them any headaches.
Are There Any Cities in Florida that Do Have Rent Control?
No, there are no cities in Florida with rent control due to the preemptive ban. However, the state of Florida allows cities to enact temporary rent regulations in the event of a housing crisis that causes a public menace. But any legislation is limited to a period of one year.
So, for instance, if there is a sudden shortage of housing that causes rents to skyrocket overnight, affected cities may decide to enact temporary rent controls to deal with the crisis. But the municipality must also provide proof that rent controls are necessary if challenged by landlords or lobbyists in court.
Florida Rent Increases Bottom Line
Florida’s lack of rent control laws can frustrate tenants who receive excessive rent increases. However, for many people, part of the appeal of living in Florida is thanks to the state’s laissez-faire attitude and business-friendly environment. So, generally, the state tends to avoid regulations that will limit natural market trends – including rent control.
But Florida is also a state with many small and mid-sized cities with a low cost of living, meaning affordable housing isn’t as big a problem as in states like New York and California. So even though there aren’t any rent control laws on the books, as long as you stay away from the more affluent areas, most tenants won’t have too many issues finding reasonably priced units.