Florida rent increase law

Part II sets no notice period and no cap for a rent increase. During a fixed term, rent is what the lease says. A month-to-month tenancy can be ended by either side on 30 days' notice before the end of a monthly period.

Fla. Stat. ch. 83, part II

• Local governments may not adopt or keep any rule that controls rents. Fla. Stat. § 125.0103(2) Fla. Stat. § 166.043(2) See Rent control and local rules on the Florida page
• Raising rent discriminatorily, primarily to retaliate against a tenant, is unlawful. Fla. Stat. § 83.64(1) See Retaliation on the Florida page
• The month-to-month notice runs to the end of a monthly period. Fla. Stat. § 83.57(3) See Ending a month-to-month tenancy on the Florida page
• Make a proposed change easy to understand: state the current rent, new rent, dollar difference, proposed effective date and the rental period it covers. For example, moving from $1,500 to $1,650 adds $150, or 10 percent. That calculation describes the proposal; it is not a legal cap or proof that the change is permitted by the lease. Fla. Stat. ch. 83, part II

Florida bans rent control: no city, county or other local government may adopt or keep any measure that controls rents. The state also preempts local regulation of residential tenancies and every matter Part II covers, including screening, deposits, application fees, lease terms, disclosures, fees and notice requirements.

Fla. Stat. § 125.0103(2) Fla. Stat. § 166.043(2) Fla. Stat. § 83.425

• Local governments may still use land use tools such as inclusionary housing to increase affordable housing. Fla. Stat. § 125.0103(3) Fla. Stat. § 166.043(3)

You may not discriminatorily raise rent, cut services, or bring or threaten an eviction or other suit primarily to retaliate against a tenant who acted in good faith. Protected acts include complaining to a code agency, joining a tenant organization, complaining to you under 83.56(1), ending a lease as a servicemember, paying rent to an association after its demand, and exercising fair housing rights.

Fla. Stat. § 83.64(1)

• The tenant can raise retaliation as a defense to an eviction. Fla. Stat. § 83.64(2) Fla. Stat. § 83.60(1)(a)
• The rule does not apply if you prove the eviction is for good cause, such as good faith nonpayment, lease violation or rule violation cases. Fla. Stat. § 83.64(3)
• Retaliation requires discrimination: the tenant is treated differently as to rent, services or the action taken. Fla. Stat. § 83.64(4)