Florida Rent Control Laws
When it comes to disputes between landlords and tenants, there is often one main factor: money. Specifically, the arguments tend to center on rent increases. In some areas, rent increases every year. From 2011 to 2019, rent costs increased less than 3% per year. In 2022, after the peak of the COVID-19 pandemic, rent grew by just 1%.
Nowadays, though, renters are seeing much higher rents than usual. However, landlords need to ensure they are following state and federal laws. There are various regulations in place to ensure there is affordable housing for residents.
Some states are more tenant-friendly than others. Unfortunately, Florida is not one of those states. The average rent in the Sunshine State is roughly $1,900 a month, although that amount can be as much as $1,000 higher in areas such as Miami and Boca Raton.
There are no limits to rent in Florida, which is why the prices are astronomical. Landlords are free to raise rent and set rent however they deem fit, but they must provide proper notice.
Florida has no rent control. In fact, the state forbids rent control outright, barring individual cities and counties from doing so unless absolutely necessary. For example, if there is a housing crisis, cities are allowed to impose temporary rent increase regulations for up to 12 months.
Rent Increase Notice Rules in Florida
Florida law does not set a specific time frame for landlords to give notice before raising rent. However, some localities, like Royal Palm Beach and Miami-Dade County, have their own rules. In these areas, landlords must provide at least 60 days’ notice for rent increases of more than 5%.
Even though state law doesn’t mandate a minimum notice period, it requires both parties to act in good faith. This can seem vague, but what it essentially means is that tenants should be given a reasonable amount of notice before rent goes up.
In the absence of local rules, the notice period for ending a lease is often treated as a fair guideline for rent increases:
- Week-to-week lease – seven days’ notice
- Month-to-month lease – 15 days’ notice
- Quarter-to-quarter lease – 30 days’ notice
- Year-to-year lease – 60 days’ notice
Tenant’s Rights
Tenants in Florida do have a few things going for them. For example, landlords may charge a late fee for overdue rent, but this must be outlined in the lease. If not stated in writing, they cannot charge a late fee.
Also, tenants may legally withhold rent if the landlord fails to maintain the unit in livable condition (for example, there is no working plumbing or electricity). However, tenants must give written notice and allow seven days for the landlord to fix the issue before withholding rent.
Seek Legal Help
Rent can be out of hand in certain areas of Florida. Is raising the rent legal? What rights do tenants have?
Fort Lauderdale landlord/tenant dispute resolution lawyer Edward J. Jennings, P.A can help you if you feel your rights have been violated. We can provide effective assistance in a wide range of matters. To schedule a consultation, call 954-764-4330 or fill out the online form.
Source:
doorloop.com/laws/florida-rent-control-laws
