Rent Control Laws Florida: 2025 Guide to State and Local Rules

Rent control laws in Florida might not work the way you expect them to. Many renters facing steep rent increases wonder if there are legal limits on how much landlords can charge. Florida does not have statewide rent control laws, and state law actually prohibits most local governments from creating their own rent control measures.

Unlike states such as New York or California, Florida operates under a free-market rental system. This means your landlord can generally raise your rent by any amount they choose, as long as they follow proper notice requirements. The only exceptions are rare emergency situations where local governments can temporarily implement rent control through a public vote.

Understanding Florida’s approach to rent regulation is crucial for both renters and property owners. While you won’t find rent caps or stabilization programs in most areas, you still have important rights when it comes to rent increases, lease terms, and eviction procedures. Knowing these rules can help you navigate rental situations more effectively.

Key Takeaways

• Florida prohibits statewide rent control and restricts local governments from implementing rent control ordinances except in rare housing emergencies
• Landlords can increase rent by any amount but must provide proper written notice, typically 15 days for month-to-month leases
• Tenants have legal protections against retaliatory and discriminatory rent increases through state landlord-tenant laws

What Are Rent Control Laws in Florida?

Florida has a clear ban on rent control at both the state and local levels. The state actively prohibits cities and counties from creating their own rent control measures except in rare emergency situations.

Definition of Rent Control

Rent control laws limit how much landlords can charge tenants for rent. These laws typically cap rent increases or set maximum rental amounts.

In states with rent control, landlords cannot raise rent above certain limits. They must follow strict rules about when and how much they can increase rent.

Florida takes the opposite approach. The state believes rent control hurts the housing market and limits property investment.

Florida has no rent control laws. Landlords can set any rent amount they want. They can also raise rent by any amount with proper notice.

The only limits come from your lease agreement. If your lease says rent cannot increase during the term, that contract protects you.

History of Rent Control Ban in Florida

Florida banned rent control through state law in the 1970s. The state wanted to encourage rental housing construction and investment.

Before the ban, some cities tried to create rent control during housing shortages. These attempts were limited and short-lived.

The Florida legislature decided rent control reduced the supply of rental housing. They believed it discouraged new construction and property maintenance.

Florida Statutes Section 125.0103 now blocks local governments from creating rent control laws. This law applies to all cities and counties in the state.

The only exception allows rent control during severe housing emergencies. Even then, voters must approve it through a referendum. It can only last one year at a time.

No Florida city or county currently has active rent control. Courts have blocked recent attempts, including efforts in Orange County.

Current Legal Framework

The Florida Residential Landlord and Tenant Act governs rental relationships. This law covers tenant rights and landlord duties but does not limit rent amounts.

Current Florida law requires landlords to give proper notice before raising rent:

• Month-to-month leases: 15 days written notice minimum
• Fixed-term leases: No increases until lease renewal (unless lease allows it)

Some local areas have tried to add notice requirements. Miami-Dade County requires 60 days notice for increases over 5%.

The state handles rental disputes through the Department of Agriculture and Consumer Services. County courts also hear landlord-tenant cases.

Landlords cannot raise rent for illegal reasons. They cannot increase rent to punish tenants for complaints or repairs requests. This protection comes from state anti-retaliation laws.

If you face a discriminatory or retaliatory rent increase, you can file complaints with state agencies. However, you cannot challenge the amount of the increase itself.

Statewide Rent Control Restrictions

Florida has banned most forms of rent control through state law since 1977. The law only allows rent control under very specific emergency situations.

Florida Statute 125.0103 Overview

Florida Statute 125.0103 prohibits local governments from enacting rent control ordinances. This law prevents cities and counties from limiting how much landlords can charge for rent.

The statute was passed in 1977 and remains in effect today. It applies to all private rental housing in Florida.

Key restrictions include:

• No caps on rent amounts
• No limits on rent increase percentages
• No rent stabilization programs
• No tenant displacement protections through rent control

The only exception is government-owned housing. Public housing authorities can still regulate rents in units they own or operate.

This makes Florida one of the most restrictive states regarding local rent control laws. Your city or county cannot pass laws limiting rent increases on private apartments or houses.

Some older rent control laws in places like Miami Beach remain valid. These existed before the 1977 ban and apply only to specific older buildings.

Circumstances Allowing Temporary Rent Control

Florida law does allow rent control in very limited emergency situations. Local governments can temporarily control rents during officially declared housing emergencies.

Requirements for emergency rent control:

• Governor must declare a state of emergency
• Local government must find a housing shortage exists
• The shortage must be caused by the emergency
• Controls can only last during the emergency period

These emergency powers are rarely used. They typically apply after major disasters like hurricanes that damage housing stock.

The emergency rent control must be temporary. Once the emergency ends, normal florida landlord-tenant laws resume and rent control must be removed.

Even during emergencies, the controls cannot be overly restrictive. Landlords must still be able to earn reasonable returns on their properties.

Local Ordinances and Preemption

Florida state law blocks most local governments from creating their own rent control rules. Local areas can only pass emergency rent control measures under very strict conditions.

Preemption of Local Rent Control

Florida uses state preemption to stop cities and counties from making rent control laws. This means state law comes first and local laws cannot override it.

Florida Statutes § 166.043 and § 125.0103 ban local governments from controlling rent prices. These laws prevent cities and counties from setting rent caps on their own.

The Florida Residential Landlord and Tenant Act also preempts local rules. As of July 2024, over 40 local ordinances became invalid because of this preemption.

Your local government cannot pass laws that conflict with state rental rules. The state wants a free market approach to rental housing instead of local rent controls.

Some areas tried to create their own tenant protections. But these local laws no longer apply if they go against state rules.

Requirements for Local Emergency Measures

Local governments can only create temporary rent control during a severe housing emergency. The emergency must be “so grave as to constitute a serious menace to the general public.”

Your local area must follow these steps to pass emergency rent control:

• Make official findings that prove a housing emergency exists
• Hold public hearings for community input
• Pass an ordinance to put the measure on a ballot
• Get voter approval in a local election

Any rent control can only last one year maximum. It cannot be renewed without starting the whole process again.

The rules cannot apply to seasonal units, tourist rentals, second homes, or luxury apartments. Orange County tried this process in 2022 but courts later threw out their rent control law.

Rent Increases in Florida

Florida landlords can raise rent by any amount without caps or percentage limits. The state requires specific notice periods and limits how often rent can increase during lease terms.

Rent Increase Frequency

Florida landlord-tenant laws allow rent increases once per 12-month period for most lease agreements longer than month-to-month. Your landlord cannot raise rent multiple times within a year unless specific conditions apply.

Exceptions to the annual limit include:

• Lease violations by the tenant
• Pre-arranged discount rates with scheduled increases
• Increases tied to property operation costs, repairs, or improvements

Month-to-month tenancies have different rules. Your landlord can raise rent as often as they want with proper 15-day written notice.

During an active lease term, landlords cannot increase rent unless your lease agreement specifically allows it. Most rent increases happen when your lease expires and you sign a new agreement.

Notice Requirements for Rent Increases

Florida law requires landlords to give you written notice before raising rent. The notice period depends on your lease type and must include the new rental amount and effective date.

Required notice periods:

• Month-to-month leases: 15 days written notice
• Leases 6-12 months: 30 days written notice

The notice must be in writing and specify exactly when the new rent takes effect. Verbal notice does not meet Florida’s legal requirements.

You can challenge rent increases if your landlord fails to provide the required notice period. The notice gives you time to decide whether to accept the increase or find new housing.

Lease Agreements and Terms

Florida law allows both written and oral rental agreements, though written leases provide better protection for tenants and landlords. The Florida Residential Landlord and Tenant Act sets specific rules for lease renewals and termination notices that vary based on your rental agreement type.

Written vs. Oral Rental Agreements

You can have either a written or oral rental agreement in Florida. Both types are legally valid under state law.

Written lease agreements offer the most protection. They clearly state your rent amount, lease term, and both parties’ responsibilities. This prevents confusion about your rights and duties.

Oral agreements are harder to prove in court. If you have a dispute with your landlord, you may struggle to show what terms you agreed to.

Your written lease must include:

• Monthly rent amount
• Lease start and end dates
• Security deposit details
• Property maintenance responsibilities
• Notice requirements for rent increases

Florida law does not require leases to be written. However, having a written agreement protects you if problems arise later.

Lease Renewal and Termination Rules

Your lease type determines how much notice you need for changes or termination.

Month-to-month tenancies require 30 days written notice to end the rental agreement. Either you or your landlord can terminate with proper notice.

Fixed-term leases (like 12-month agreements) automatically end on the specified date. Your landlord cannot raise your rent during the lease term unless your agreement allows it.

For rent increases on month-to-month rentals, your landlord must give 15 days written notice. The notice must be in writing and specify the new rent amount and effective date.

If your fixed-term lease expires, you may become a month-to-month tenant if you keep paying rent and your landlord accepts it.

Tenant Protections and Rights

Florida landlord-tenant laws provide specific protections for renters regarding housing conditions and landlord behavior. Tenants have the right to safe, livable housing and protection from landlord retaliation when exercising their legal rights.

Habitability and Repairs

Your landlord must provide housing that meets basic health and safety standards under Florida law. This includes working plumbing, electrical systems, heating, and structural integrity.

If your rental unit has serious problems that affect habitability, you have several options. You can withhold rent if the landlord fails to make necessary repairs after proper notice. You must first notify your landlord in writing about the problem.

Your rights include:

• Safe drinking water
• Working toilets and plumbing
• Adequate heating systems
• Secure doors and windows
• Freedom from pest infestations

You cannot be forced to waive these habitability rights in your lease agreement. Any lease clause that tries to make you give up these protections is not valid under Florida law.

If problems persist, you may be able to break your lease early or make repairs yourself and deduct costs from rent.

Protection Against Retaliation

Florida law protects you from landlord retaliation when you exercise your legal rights as a tenant. Your landlord cannot punish you for reporting code violations, joining tenant organizations, or withholding rent for valid reasons.

Prohibited retaliation includes:

• Increasing your rent suddenly
• Reducing services you previously received
• Attempting to evict you
• Threatening legal action
• Harassing you or your guests

You are protected when you report health or safety violations to local authorities. This includes contacting code enforcement, health departments, or housing inspectors.

If you join a tenant organization or participate in tenant activities, your landlord cannot retaliate against you. This protection encourages tenants to work together on housing issues.

Document any suspected retaliation with dates, photos, and written records. Florida courts take retaliation claims seriously and may award damages if you prove your case.

Landlord Responsibilities

Florida law requires landlords to maintain safe, habitable properties and provide specific disclosures to tenants. The Florida Residential Landlord and Tenant Act sets clear standards for property upkeep and mandates certain information be shared before lease signing.

Maintenance Standards

You must keep your rental property in safe and habitable condition under Florida law. This means maintaining structural elements like roofs, walls, and floors in good repair.

Essential maintenance requirements include:

• Working plumbing and electrical systems
• Functional heating and air conditioning
• Proper ventilation in all rooms
• Safe stairways and railings
• Extermination of pests when needed

You must respond to tenant repair requests within a reasonable time. The Florida Residential Landlord and Tenant Act does not specify exact timeframes, but urgent issues like broken water heaters or electrical problems need immediate attention.

Health and safety violations can result in code enforcement action. Local building codes may have additional requirements beyond state law.

You cannot retaliate against tenants who report maintenance issues. This includes raising rent or starting eviction proceedings solely because a tenant complained about needed repairs.

Required Disclosures

Florida law requires you to provide specific information to tenants before they sign a lease. These disclosures protect both parties and ensure transparency in the rental relationship.

Key disclosure requirements:

• Lead-based paint: For properties built before 1978, you must provide EPA-approved information about lead hazards
• Flooding history: Disclose known flood damage or flood-prone areas
• Radon gas: Provide information about radon testing if available

You must identify yourself or your authorized agent in the lease agreement. Include your name, address, and phone number where tenants can reach you for repairs and emergencies.

Security deposit information must be clearly stated in writing. Specify the deposit amount, where it will be held, and whether it earns interest.

Some local areas may require additional disclosures. Check with your city or county for specific requirements that apply to your rental property.

Security Deposits and Fees

Florida landlord-tenant laws allow landlords to collect security deposits up to two months’ rent and now offer the option to charge nonrefundable fees instead of traditional deposits.

Traditional Security Deposit Rules

Florida limits security deposits to two months’ rent maximum. This changed from three months’ rent in July 2023.

You must store deposits in a separate bank account at

Eviction Procedures Relating to Rent

When landlords can’t collect rent, they must follow specific legal steps to remove tenants. Florida law requires proper notices and court procedures, while tenants have certain defenses against wrongful evictions.

Eviction for Nonpayment of Rent

Your landlord must give you a 3-day notice to pay rent or quit before filing an eviction lawsuit. This notice must be in writing and specify the exact amount owed.

The notice gives you three business days to pay the full amount. Weekends and holidays don’t count toward this deadline.

If you don’t pay within three days, your landlord can file an eviction lawsuit in county court. You’ll receive a summons to appear in court.

Court deposit requirement: You must deposit unpaid rent into the court registry to defend against the eviction. This protects your right to stay while the case proceeds.

The eviction process typically takes 3-6 weeks from start to finish. Your landlord cannot change locks or shut off utilities to force you out.

Valid reasons to contest:

• Improper notice period
• Wrong rent amount listed
• Rent was already paid
• Landlord failed to maintain the property

Unlawful Evictions and Tenant Defenses

The Florida Residential Landlord and Tenant Act protects you from illegal eviction practices. Your landlord cannot evict you without going through the courts.

Prohibited eviction methods:

• Changing locks
• Removing your belongings
• Shutting off utilities
• Threatening or harassing you

Retaliatory evictions are illegal. Your landlord cannot evict you for complaining about repairs, contacting code enforcement, or exercising your legal rights.

You have defenses if the eviction violates your lease terms or state law. Examples include improper notice, discrimination, or failure to maintain habitable conditions.

If your landlord uses illegal eviction methods, you can sue for damages. You may recover attorney fees and costs under Florida law.

Timeline for response: You typically have five days after receiving court papers to file your defense. Don’t ignore eviction notices or court documents.

Recent Legal Changes and Updates

Florida’s rent control landscape has experienced significant shifts between 2024 and 2025, with new notice requirements and failed legislation affecting both landlords and tenants. These changes primarily focus on procedural requirements rather than rent caps.

Notable Statutory Amendments (2024–2025)

The most significant change involves rent increase notice requirements that took effect in summer 2024. Landlords must now provide 30 days’ notice for rent increases on month-to-month leases under proposed statewide laws.

Local jurisdictions have implemented stricter standards. Miami-Dade County requires 60 days’ notice for rent increases exceeding 5%. This creates a two-tier system where local requirements can be more restrictive than state minimums.

House Bill 31 failed to pass in 2024, dying in the Civil Justice Subcommittee. This bill would have capped yearly rent increases for existing tenants and required landlords to provide functioning air conditioning facilities.

The legislation also included provisions for revised termination notices. It would have changed the required notice period before landlords could terminate rental agreements.

Florida continues to prohibit local rent control ordinances. Recent statewide legislation reinforced this ban, preventing cities and counties from introducing rent caps through local laws.

Impacts on Landlords and Tenants

These changes create new compliance requirements for property owners. You must track different notice periods based on your property’s location and the size of rent increases you plan to implement.

For landlords, the varying notice requirements add complexity to rent management. Properties in Miami-Dade County face stricter rules than other Florida locations.

For tenants, the extended notice periods provide more time to plan for rent increases. The 30-day minimum statewide notice gives you additional time to budget or find alternative housing.

The failure of House Bill 31 means no rent increase caps exist for market-rate housing. You remain subject to free-market pricing with limited legal protections against large rent hikes.

Affordable housing units maintain separate protections under federal and state programs. These properties have different rules that don’t apply to standard rental agreements.

Frequently Asked Questions

Florida’s rent increase laws focus on proper notice requirements rather than limiting the amounts landlords can raise rent. The state generally prohibits rent control measures and allows landlords significant flexibility in setting rental prices.

What are the requirements for issuing a rent increase notice in Florida?

Florida law requires landlords to give at least 15 days written notice before raising rent on month-to-month leases. The notice must be in writing and clearly state the new rent amount and when it takes effect.

For fixed-term leases like 12-month agreements, landlords cannot increase rent during the lease period unless your lease specifically allows mid-term increases. Rent increases typically only apply when the lease renews.

Are there any restrictions on the percentage a landlord can raise rent in Florida?

Florida has no state limits on how much landlords can raise rent. Your landlord can increase rent by any amount they choose, whether that’s $50 or $500 per month.

The only restriction comes from your lease agreement itself. Some leases may include clauses that limit rent increases, so always check your rental agreement for any built-in protections.

Is Florida among the states that have implemented rent control laws?

No, Florida does not have rent control laws. State law actually prohibits cities and counties from creating their own rent control ordinances in most situations.

Florida Statutes Section 125.0103 only allows local rent control during severe housing emergencies. Even then, any rent control must be approved by public vote and can only last one year at a time.

As of 2025, no Florida city or county has active rent control measures in place.

What are the new rental law changes in Florida for the year 2025?

Florida has not implemented any major new rental law changes for 2025. The basic landlord-tenant laws remain the same as previous years.

Landlords still must provide 15 days notice for rent increases on month-to-month leases. The state continues to prohibit rent control measures except in rare emergency situations.

How frequently is a landlord legally permitted to raise rent in Florida?

Florida law does not limit how often landlords can raise rent on month-to-month leases. Your landlord could theoretically raise rent every month as long as they provide proper 15-day notice each time.

For longer lease terms, rent increases are typically limited to lease renewal periods. Most landlords wait until the lease expires to implement rent changes.

Has the standard for rent increase notices in Florida changed recently, such as providing a 60-day notice?

No, Florida still requires only 15 days written notice for rent increases on month-to-month leases. There has been no recent change to extend this to 60 days.

Some other states require 30 or 60 days notice, but Florida maintains the shorter 15-day requirement. This applies specifically to month-to-month rental agreements.