Can Florida Landlords Raise Rent During a Lease?

If you are renting in Florida and your landlord notifies you of a rent increase partway through your lease, you might wonder if this is legal. Understanding your rights can help you respond confidently and avoid unlawful rent hikes.

Understanding Rent Increases in Florida Leases

Florida law does not limit how much a landlord can raise rent, but there are important rules about when and how a landlord can increase rent during your tenancy. The answer depends mainly on whether you are on a fixed-term lease or a month-to-month (periodic) rental agreement.

Fixed-Term Leases: Locked-In Protection

• Fixed-term lease agreements (e.g., for one year) lock in your rent amount for the duration unless the lease specifically allows for mid-lease increases.
• If your lease does not include a clause permitting a rent increase during the term, your landlord generally cannot legally raise your rent until the lease period ends.
• If your lease does include a rent increase clause, it must clearly state the conditions and provide advance notice as required.

This protection comes from Florida Statutes, Section 83.51: Landlord and Tenant – Residential Tenancies.^[1]

Month-to-Month or Periodic Rentals

• If you are renting month-to-month, your landlord can raise the rent, but they must give you at least 15 days’ written notice before the new rent takes effect (Florida Statute 83.57).
• This rule also applies to week-to-week or quarter-to-quarter tenancies, with varying notice periods.
• For example, if you pay rent on the first of each month, your landlord must inform you at least 15 days in advance before the new rent starts.

Exceptions and Unlawful Rent Increases

There are circumstances where a landlord raising rent mid-lease may be unlawful, including:

• The lease prohibits changes to rent during the term
• The rent increase is retaliatory (for example, after you complain about repairs)
• The rent increase discriminates based on protected characteristics (race, disability, family status, etc.) in violation of the Fair Housing Act

Required Notice and Forms

Landlords must give written notice of any rent increase. While Florida does not have a standardized statewide rent increase notice form, you should expect a notice or letter in writing. An example is “Notice of Change in Terms of Tenancy”. Here’s how this notice typically works:

• When used: If you are on a month-to-month agreement, a landlord gives you this notice to inform you about a rent increase taking effect in at least 15 days.
• How to use: If you receive this notice and don’t agree to the increase, you can choose to vacate before the new rent is due, or discuss options with your landlord. Keep a copy for your records.
• Official reference: For more details on notice periods, see the Florida Statutes – Section 83.57: Termination of Tenancy at Will.

If the rent increase seems invalid, you can file a complaint or seek mediation with your local county clerk or via the Florida Department of Business & Professional Regulation (DBPR) – File a Complaint.

What Tribunal Handles Rental Disputes in Florida?

There is no statewide tenant-landlord tribunal in Florida. Disputes are typically handled in the County Court (Landlord-Tenant Division). If negotiation fails, you may file a claim in your county court.

Practical Steps if You Receive a Mid-Lease Rent Increase

• Review your lease agreement carefully for any clauses about rent increases.
• If you think the increase is not allowed, respond in writing and request clarification from your landlord.
• If needed, contact a local tenant resource center or attorney for help.
• If you wish to contest the rent increase legally, gather all documentation (lease, notices) and contact your County Court.

Frequently Asked Questions (FAQ)

1. Can my landlord raise my rent before my lease ends?
   Generally, no. If you have a fixed-term lease and it does not allow for rent increases, your landlord cannot raise your rent until the lease expires.
2. How much notice must my landlord give for a rent increase?
   For month-to-month rentals, at least 15 days' written notice is required. For week-to-week and quarter-to-quarter, the notice period changes per Florida Statute 83.57.
3. What should I do if I think the rent increase is unlawful?
   Respond in writing to your landlord, gather your documents, and contact your local County Court or the DBPR for assistance.
4. Can a landlord raise my rent for making a complaint?
   No, landlords cannot increase your rent in retaliation for exercising your legal rights, like reporting repairs.
5. Is there a limit to how much my landlord can raise the rent?
   Florida does not cap rent increases, but notice and fair housing laws still apply.

Key Takeaways

• Mid-lease rent increases are not allowed unless your lease specifically permits it.
• Month-to-month renters must be given at least 15 days’ written notice for any rent increase.
• If you suspect the increase is unlawful, gather documentation and seek support from Florida’s official tenant resources.

Need Help? Resources for Renters

• Florida County Court (Landlord-Tenant Information)
• Florida DBPR - File a Renters Complaint
• Florida Bar Tenant Resources
• HUD: Florida Tenant Rights

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1. Florida Residential Landlord and Tenant Act (2023)
2. Florida Statute 83.57 – Termination of Tenancy at Will
3. U.S. Fair Housing Act

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