Florida Rent Control Laws in 2024 (2024)

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Florida is one of the few states that prohibits rent control statewide. This means cities and counties are banned from enacting rent stabilization policies that limit how much landlords can raise rents each year.

However, Florida's statewide ban on rent control does not mean landlords have free reign to raise rents however they want. There are still some protections in place for tenants, as well as proper notice requirements landlords must follow.

Rent Control Banned Statewide

In 1977, Florida passed a statewide ban on rent control. This law prohibits cities and counties from implementing any form of rent regulation on private residential housing units. The only exception is for units owned or operated by the government.

The rent control ban was introduced through HB 1112 and passed by the state legislature. Governor Reubin Askew signed it into law on June 24, 1977. The legislation effectively made it illegal for local governments to cap how much landlords could raise rents each year.

Since the statewide ban was enacted over four decades ago, rental housing in Florida operates in an unregulated free market. Landlords have full discretion to raise rents as high as the market will bear, without any limits imposed by law. This allows for greater profit potential, but also exposes tenants to unpredictable rent hikes.

Exceptions in Some Cities

While Florida has banned rent control statewide, there are a few exceptions in certain cities that allow forms of rent stabilization:

• Miami Beach allows rent control for buildings constructed before 1967. The city's rent control ordinance limits annual rent increases to 2% for tenants who have lived in a unit for at least 2 years. Landlords must register rental units and justify any rent increases above the 2% cap.
• The city of West Palm Beach allows rent control protections for tenants in mobile home parks. Annual rent increases are limited to either 5% or the increase in the cost of living, whichever is greater. Landlords must provide 90 days notice before increasing rent.
• A couple other small cities in Florida have limited rent control laws for mobile homes and apartments, but most cities do not have any form of rent stabilization. Miami Beach and West Palm Beach are the two main exceptions.
• Outside of those cities, landlords have full discretion to raise rents as much as they want. Tenants have little recourse against excessive rent hikes.

No Limits on Rent Increases

Unlike many other states, Florida does not impose any limits on how much a landlord can raise the rent. Landlords have full discretion to raise rents as much as they want, as long as they provide proper written notice to the tenant. There is no rent control and no caps on the maximum allowable rent increase percentage in Florida.

The lack of rent control applies statewide, even in larger cities like Miami, Tampa, Orlando, and Jacksonville. Landlords operate under free market principles and can raise rents to match demand and local market rates. As a result, tenants may see rent hikes of 10%, 20%, 50% or even 100% when their lease is up for renewal.

While shocking rent increases may prompt complaints, they are perfectly legal under Florida law as long as sufficient notice is given. Tenant advocacy groups have lobbied for reforms to limit large rent hikes, but so far no legislation has passed the Florida legislature. Both landlords and tenants should be aware that there are currently no restrictions around how much rents can be increased in Florida.

Required Notice Periods

Florida landlords are required to provide proper written notice before raising rent on tenants. The amount of notice required depends on the type of lease:

• For month-to-month leases, landlords must provide 15 days written notice of a rent increase. This notice must specify the new rental amount and the date it will take effect.
• For leases between 6-12 months, landlords must provide 30 days written notice of a rent increase, again specifying the new amount and effective date.

The notice period provides tenants time to evaluate their options if faced with a significant rent increase. Tenants who receive less than the required notice can challenge the increase.

Frequency of Rent Increases

In Florida, there are also limits on how often a landlord can raise the rent. Most landlords in Florida can only raise rent once per 12 month period for tenancies longer than month-to-month. The exceptions are if:

• The tenant violates the rental agreement or lease
• The landlord provides a discounted rent rate up front with notice it will increase later
• The landlord can show the increase is directly related to the cost of operation, repairs, or improvements to the property

If the lease is month-to-month, the landlord can raise the rent as frequently as he/she likes, as long as proper 15 day written notice is provided.

For most tenants on a yearly lease, the rent cannot be raised more than once per year. Landlords cannot impose sudden dramatic rent increases every couple months as a method of trying to push tenants out.

Tenant Protections in Florida

While Florida law does not limit how much landlords can raise rents, tenants do have some important protections under state and federal law:

Protection from discrimination

Landlords in Florida cannot discriminate against tenants based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, and marital status when setting rents or deciding on rent increases. Discrimination complaints can be filed with the U.S. Department of Housing and Urban Development or the Florida Commission on Human Relations.

Protection from retaliation

Florida law prohibits landlords from raising rents in retaliation if a tenant has complained about necessary repairs or habitability issues. Tenants have the right to contact code enforcement or file legal action if a landlord does not maintain safe and sanitary housing conditions. Rent increases within 6 months of a complaint may be considered retaliatory.

Tenants who feel they have faced discrimination or retaliation should consult a tenant advocacy group or housing attorney to understand their rights and options for recourse. While rent control laws are limited in Florida, tenants still have protections under fair housing laws.

Challenging Rent Increases

Though Florida law does not limit how much a landlord can raise rent, tenants do have some options if their rent is increased excessively.

Negotiate with the Landlord

The first step is to open a dialogue with the landlord. Provide concrete reasons why the increase is excessive, such as rising housing costs relative to income, or lack of improvements that would justify a higher rent. Ask if the landlord can compromise on a lower amount. Approach the conversation cooperatively, showing a desire to reach a fair agreement.

Mention how you've been a good tenant - paying rent on time, taking care of the unit, not disturbing neighbors. Note that it costs time and money for the landlord to find and screen a new tenant, so keeping you benefits them.

Listen to the landlord's perspective too. They may cite rising taxes, insurance, maintenance costs that factor into the rent. See if you can find middle ground through calm negotiation.

Pay Rent into Escrow Account

If the landlord won't negotiate a reasonable rent, look into your options for withholding rent until the dispute is resolved. In Florida, tenants can pay rent into an escrow account rather than to the landlord if the unit has serious code violations.

Though excessive rent increases don't qualify, a tenant could potentially cite urgent repairs needed to justify opening an escrow account. Consult with a local tenants rights group on using this approach carefully.

The escrow account shows the tenant is acting in good faith to pay rent, just disputing the landlord's right to raise it excessively. It can motivate resolution of the issue. Make sure to follow proper procedures for notices and escrow accounts.

Legislative Efforts Around Rent Control in Florida

While statewide rent control remains banned in Florida, there have been some recent legislative efforts to allow forms of rent stabilization.

In 2021, a bill was introduced in the Florida House of Representatives that would have repealed the statewide ban on rent control ordinances. The bill would have enabled local governments to institute rent control measures if they chose to. However, the bill stalled in committee and never made it to a full vote.

Similarly, a bill introduced in the Florida Senate in 2022 proposed allowing counties and cities to cap rent increases at 10% per year. Landlords would still have been able to raise rents by up to 10% annually, but anything above that amount would have required government approval. This bill also failed to advance out of committee.

Advocates of rent control point to rapidly rising housing costs in cities like Miami and Orlando and argue that some form of rent stabilization is needed to make housing affordable. However, many lawmakers remain opposed to rent control, seeing it as an infringement on property rights.

While full rent control still appears unlikely to pass in Florida, the recent proposals show there is growing interest in revisiting the statewide ban among some legislators. Renters facing large rent hikes will continue pushing for new laws to limit drastic increases. The debate over rent control in Florida does not appear to be going away anytime soon.

Conclusion

When it comes to rent control, Florida is one of the most landlord-friendly states in the U.S. Unlike many other states and cities, Florida has banned rent control statewide since the 1980s. The only exceptions are a handful of cities like Miami Beach that had rent control laws prior to the statewide ban.

For most renters in Florida, there are no limits on how much landlords can raise rents each year. Landlords can raise rents by any amount at the end of a lease term, as long as they provide the required 15-30 days written notice depending on the lease term. The frequency of rent increases is also unregulated, with landlords legally able to raise rents multiple times per year in most cases.

While renters may feel powerless against rapid rent hikes, there are some protections in place against discrimination and retaliation. Overall, the lack of rent control and tenant protections in Florida favors landlords and investors, at the expense of renters simply trying to afford the cost of housing. Those hoping for reforms will need to advocate for legislative changes to rein in uncontrolled rent increases statewide.

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