No statewide cap, state law prohibits local rent control
Understanding Florida’s stance on rent control is not just a good idea; it’s essential for any landlord operating within the state. This guide provides a direct look at the rules, focusing on what matters for owners of 1-20 units. Florida’s approach to rent regulation is distinct, and misunderstanding it can lead to costly errors.
The core principle in Florida is clear: rent control is generally prohibited. This isn't a suggestion; it's codified in state law. Unlike some states or municipalities that allow for local rent stabilization ordinances, Florida has a preemption statute that prevents local governments from enacting their own rent control measures. This means a city or county cannot legally cap how much you can raise rent, or how often. This preemption is a critical distinction that sets Florida apart from many other regions.
Your primary reference point for residential tenancies in Florida is Fla. Stat. § 83 Part II (Residential Tenancies). This statute outlines the rights and responsibilities of both landlords and tenants. While it covers a wide range of topics, including eviction procedures and security deposits, it also implicitly reinforces the state's stance against rent control by not providing any framework for it. Instead, it establishes a largely deregulated market for rent pricing.
Given the absence of rent control, the key regulators are not agencies actively setting rent caps. Instead, enforcement primarily falls to the judicial system when disputes arise. Local courts handle eviction proceedings, security deposit disputes, and other landlord-tenant issues based on Fla. Stat. § 83. There isn't a state-level "rent control board" or similar body because there's no rent control to administer. Your interactions will primarily be with your tenants, your legal counsel, and if necessary, the county court system.
For a landlord with 1-20 units, the practical bottom line is straightforward: you largely control your rental rates. However, this freedom comes with responsibilities. While you can raise rent, you must do so legally. This means providing proper notice. For a month-to-month tenancy, for instance, you typically need to provide at least 15 days' notice before the end of the current rental period for any change, including a rent increase. Failure to provide this notice can invalidate the increase for that period, forcing you to wait another month and re-issue proper notice.
A common landlord mistake involves inadequate notice. Don't simply inform a tenant on the 20th of the month that their rent will increase on the 1st of the next month if their lease is month-to-month. Do provide the full 15 days' notice, or whatever longer period your lease agreement specifies. For example, if a tenant's rent is $1,500 per month due on the 1st, and you want to increase it to $1,600 starting July 1st, you must deliver written notice by June 15th at the absolute latest. Delivering it on June 20th means the increase cannot take effect until August 1st.
Even without rent control, specific procedures must be followed for evictions. For non-payment of rent, a 3-day notice is required before you can initiate eviction proceedings. This is a strict deadline. If a tenant is $1,500 behind on rent, you must serve them with a written notice giving them 3 days to pay or vacate. For "no-cause" terminations (e.g., ending a month-to-month lease), a 15-day notice is generally required. Florida does not have statewide "just-cause" eviction requirements, meaning you typically do not need a specific reason beyond proper notice to terminate a month-to-month tenancy.
Regarding security deposits, Florida has no statutory cap. You can charge whatever you deem appropriate for a security deposit. However, strict rules govern how you hold and return these deposits. You must place the deposit in a separate non-interest-bearing account, a separate interest-bearing account, or post a surety bond. You cannot commingle it with your personal funds. After a tenant vacates, you have 15 days to return the deposit or 30 days to send a written notice of intent to impose a claim on the deposit. Failure to adhere to these timeframes can result in you forfeiting your right to claim any portion of the deposit.
As of recent legislative sessions, Florida lawmakers have primarily focused on other housing issues, such as tenant protections related to unsafe conditions or addressing the state's insurance crisis, rather than introducing rent control measures. While there's always discussion around housing affordability, the strong preemption statute makes the passage of statewide rent control or the allowance of local rent control highly unlikely in the immediate future (e.g., 2024-2026 legislative sessions). Instead, legislative efforts tend to center on disclosure requirements, landlord liability, or refining existing eviction processes. Landlords should, however, always stay informed about proposed changes to Fla. Stat. § 83, as even minor amendments can impact operational procedures, especially concerning notice periods or security deposit handling.
| Annual rent increase cap | No statewide cap | |
| Just cause required for eviction | No | |
| Local rent control allowed? | No, preempted by state law | FL Stat §125.0103 (state preempts local rent control except declared housing emergency) |
Florida state law expressly prohibits Florida cities, counties, and other political subdivisions from enacting rent-control or rent-stabilization ordinances, codified at Fla. Stat. § 83 Part II (Residential Tenancies). Any Florida city-level ordinance purporting to limit residential rent on private market-rate units is unenforceable as a matter of Florida law. The preemption has been consistently upheld by Florida appellate courts and has been in force for decades in most cases.
A Florida landlord may raise the rent on a residential unit by any amount at the end of a lease term or on a month-to-month tenancy, subject only to three limits: (1) proper written notice of the increase, typically 30 days for a month-to-month tenancy, or whatever the lease provides for renewal of a fixed-term lease; (2) compliance with federal and Florida fair-housing law, a rent increase targeted at a protected class (race, color, religion, sex, national origin, familial status, disability, and additional Florida state classes) or at voucher-holders in jurisdictions that protect source of income is actionable; and (3) compliance with Florida anti-retaliation law, a rent increase issued within 6 months after a tenant code complaint, habitability report, fair-housing contact, or tenant-organizing activity is presumed retaliatory and the landlord must rebut with a documented non-retaliatory business reason.
Preemption of rent control does not bar Florida localities from regulating other aspects of the residential landlord-tenant relationship. Florida cities remain free to enact local just-cause termination ordinances, source-of-income discrimination rules, security-deposit interest requirements, stricter habitability and code-enforcement standards, mandatory tenant relocation assistance, eviction-filing moratoria, landlord-registration requirements, and rent-registry programs. Before treating a Florida rental as wholly unregulated, always check the current municipal code in the Florida city or county where the property is located for non-rent ordinances that still apply.
No. Fla. Stat. § 125.0103 has preempted local rent control since 1977: "no county or municipality shall adopt or maintain in effect any law, ordinance, rule, or other measure which would have the effect of imposing controls on rents." The only narrow exception requires a county to declare a housing emergency and follow specific procedural steps; the exception has effectively never been used successfully in Florida history. HB 1417 of 2023 tightened the preemption further by preempting most other local landlord-tenant regulation.
Orange County put a rent-stabilization measure on the November 2022 ballot. The measure would have capped annual rent increases at the CPI rate. The referendum passed 59-41. The Florida Realtors Association sued, and the Florida Fifth District Court of Appeal struck down the ordinance in May 2023 on preemption grounds. The court found that Orange County had not validly invoked the housing-emergency exception under § 125.0103. The ordinance never took effect. The case is the most consequential Florida rent-control test of the past 50 years.
HB 1417 took effect July 1, 2023 and is codified at Fla. Stat. § 83.425. It preempted local regulation of residential landlord-tenant relationships beyond just rent control: source-of-income protection, screening-fee caps, fee disclosure requirements, lease-term mandates, notice-period extensions, and similar provisions. The Orange County Tenant Bill of Rights, Miami-Dade source-of-income protection, Hillsborough screening disclosures, and Tampa fee transparency were all voided on July 1, 2023. Florida is now the most comprehensively preemptive large state in the country on local tenant-protection authority.
No. The preemption under Fla. Stat. § 125.0103 applies statewide. The narrow housing-emergency exception requires specific procedural steps that have effectively never been invoked successfully. Miami-Dade, Broward, Orange, Hillsborough, Pinellas, and other Florida counties have all considered rent stabilization at various points; none has been able to enact a lawful ordinance. The Orange County 2022 effort came closest and was struck down on preemption grounds in 2023.
The Florida statutory floor under Fla. Stat. Chapter 83 Part II (Residential Landlord and Tenant Act). Implied warranty of habitability under § 83.51. Retaliation prohibition under § 83.64. Security deposit handling under § 83.49 (no cap on amount but procedural requirements; 15 days to return without claim, 30 days with claim, double damages for noncompliance). Notice rules under § 83.57 (60 days for end-of-term, 30 days for month-to-month after HB 1417). No just-cause eviction, no source-of-income protection, no application-fee cap, no statewide deposit cap.
Informational only, not legal advice. Consult a licensed Florida attorney. Source attribution in the Sources band below.
