Florida Rent Control Laws 2024

Whether you’re a new or experienced landlord, it’s always a good idea to stay current and informed on all aspects of property management. Local laws and guidelines are constantly changing, and TurboTenant is here to make sure you’re up to date. In this article, we’ll discuss rent control in Florida and how it affects tenants and property owners.

Know this: Florida rent control laws are few and far between, as the state puts more power into the hands of the market and property owners. Understanding the legal landscape will help empower you to make smart decisions about how you run your properties.

Key Takeaways

• Rent control in Florida is essentially non-existent after a 2023 legislative bill prohibited the practice.
• Florida rent increase laws in Miami-Dade County and West Palm Beach require 60 days’ notice to be given to tenants if you’re raising the rent in excess of 5% year-over-year.
• Miami Beach allows rent control for buildings constructed before 1967.
• West Palm Beach allows rent control for mobile homes, limiting rent increases to 5%.

Florida Rent Control Laws: An Overview

There are two types of rent control commonly found in United States housing laws: rent control and rent stabilization. Rent control is the stricter of the two, imposing specific limits on how much a landlord can charge for rent and expressly prohibiting any rent increase on certain property types. Rent stabilization refers to a set of guidelines allowing rent increases to certain levels based on a number of factors, including initial rent price and local regulations.

Rent control laws serve multiple purposes. For a tenant, rent control serves as a safeguard against landlords that could increase rent to make the living situation unaffordable for a tenant. On the other hand, a lack of rent control allows a landlord to raise the rent of a property to match market fluctuations in situations where the housing market or inflation necessitates it.

As it currently stands, there is no rent control in Florida or any laws regarding rent stabilization, except for a couple of exceptions in Miami Beach and West Palm Beach, as noted above. In fact, in March of 2023, Governor Ron Desantis signed a Florida rent control bill that expressly prohibits the establishment of any rent control laws in the state of Florida. The bill is known as the “Live Local Act,” and the intent of the bill is to ensure funding for low and middle-income housing while supporting the entrepreneurship of property owners.

Previously, the Florida state constitution allowed local governments to impose rent control restrictions in certain emergencies, but this bill effectively ended that provision.

Rent Increase Limitations in Florida

As per the “Live Local Act” (FL Stat. § 125.0103), very few Florida rent increase laws are currently on the books. This means landlords are free to increase the rent of any property under their control except as noted in Miami Beach and West Palm Beach. That same rent control bill goes so far as to prohibit any kind of law restricting the increase of rent, so until that statute is removed, landlords can adjust rents in any way they see fit.

But just because there is no cap on the size of the rent increase, some Florida counties and localities have regulations that outline how those rent increases are communicated to the tenant. For instance, West Palm Beach and Miami-Dade County require at least 60 days’ notice to be provided to the tenant before raising rents over 5%.
Outside of those counties, rent increases should be disclosed the month the fixed-term lease is expiring, which is the common and courteous practice. Landlords/property owners must give 15-day notice for a rent increase on a month-to-month lease.

Additionally, rent can only be increased once over a 12-month period for 12-month leases. For month-to-month leases, there is no restriction on the number of times the rent can be increased by the landlord as long as at least 15 days’ written notice is provided to the tenant.

Just Cause for Eviction in Florida

While no landlord wants to reach this point, sometimes the legal eviction process is necessary to remove a tenant. Chapter 83 of the Florida statutes provides the cause and process for evictions.

Tenants and landlords have various protections under the law, but for an eviction process to begin, it’s first important for the landlord to establish “just cause.”  There are a number of legal reasons for a landlord to initiate an eviction proceeding, the most common of which are outlined below:

• Unpaid rent
• Violation of lease terms
• Tenant stays on the property after the expiration of the lease term
• Damage exceeding normal wear and tear

Each of the above circumstances requires additional steps before an eviction proceeding can begin. Please review this guide on the eviction process in Florida for additional information.

Landlord Rights and Responsibilities

While there are no laws regulating the increase of rent under Florida law, it’s always a good idea to have a strong sense of the guidelines dictating the landlord-tenant relationship. Just as tenants have laws in place to ensure safe and clean housing, landlords also enjoy considerations under the law, including:

• Landlords have the right to collect on-time rent payments.
• Landlords have the right to collect a security deposit to cover the property above normal wear and tear.
• Landlords have the right to initiate eviction proceedings in situations where the lease agreement has been breached.

At the same time, landlords must adhere to certain responsibilities when providing housing to tenants.

• Landlords must comply with applicable building, housing, and health codes according to Florida law.
• When renting out an apartment, landlords must provide safe and clean conditions in all common and shared areas.
• Florida landlords must provide heating for dwellings during the winter months but are not required to provide air conditioning. However, landlords must keep dwellings livable, so they will need to upkeep air conditioning units if those are available.
• Landlords must keep plumbing in good working order, but it is the tenant’s responsibility to maintain and repair all plumbing fixtures.

Tenant Rights and Responsibilities

Since there are no Florida rent control laws to keep track of for a tenant, there are several things tenants should be aware of under rental law in Florida.

Some of the rights tenants maintain under housing law in Florida are:

• Tenants have the right to live in a habitable property that meets local housing and health codes.
• Tenants have the right to find and secure housing without discrimination from a prospective landlord.
• Tenants have the right to move. If there are rules on delivering notice to the landlord written into the lease agreement, those guidelines must be followed. If there is no lease, the tenant may move out for any reason if they deliver written notice of the intent to vacate at least seven days before the next rent payment is due, if the rent is paid weekly, or at least 15 days if the rent is paid monthly.

Tenants also have several responsibilities to keep in mind when renting a home:

• Tenants must follow the lease agreement in regard to security deposit, rent, move-out and lease termination, and all other applicable lease terms.
• Tenants must keep and maintain the property in good condition and free of trash.
• Tenants must also keep a quiet environment that does not disturb neighbors and abstain from conducting illegal activity on the premises.

Navigating Rent Control Laws with TurboTenant

While there are no current laws regarding rent control in Florida, except for particular instances in Miami and West Palm Beach, several bills are currently being discussed in the Florida legislature that could impact laws around rent and rent increase laws. TurboTenant can help keep you informed of changes to these guidelines so you’re not caught by surprise the next time you decide how to price your units.

We’re here to make the property management experience as stress-free and fluid as possible. We offer rental management software at a low cost, and our screening process includes credit checks for tenants as well as criminal background checks.

TurboTenant also provides a customizable Florida rental application and an example of a Florida lease agreement with state-specific clauses to make finding your next tenant a breeze.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Florida Rent Control Laws FAQs