Florida Rent Caps: Local Ordinances and Tenant Rights

Renters in Florida often wonder if there are any local protections or rent limits to help prevent sudden or steep rent increases. Florida’s state law does not generally impose rent control statewide, but some cities have tried to address rising rents through local ordinances or temporary rent caps. Understanding what is (and isn’t) allowed in your city is key to protecting your rights and planning your housing budget.

Rent Control and Rent Caps in Florida: The Basics

Florida state law currently prohibits permanent rent control in nearly all situations. Instead, any type of local rent cap must meet strict legal requirements. According to the Florida Statutes Section 418.16, local rent controls or caps are only allowed if a city or county formally declares a housing emergency and voters approve the measure through a referendum¹.

How Local Rent Caps Work (If Allowed)

If your city or county wishes to introduce a rent cap:

• An official housing emergency must be declared by local authorities.
• The proposal is then put to a public vote—a referendum—before it becomes law.
• Even when approved, these measures typically expire after one year and must be reapproved if still needed.

In practice, very few Florida cities have active rent caps or rent stabilization measures due to these legal hurdles. However, it’s still important to check with your local government for temporary measures—especially if housing costs are rapidly rising in your area.

Recent Attempts at Local Rent Control in Florida Cities

Some metropolitan areas—particularly in Central and South Florida—have considered or attempted short-term rent caps or stabilization ordinances. Here are a few recent examples:

• Orlando/Orange County: In 2022, Orange County passed a temporary rent stabilization ordinance capping annual rent increases for certain units. However, the ordinance was blocked by the courts and did not go into effect. See Orange County Housing resources.
• Tampa/Hillsborough County: Officials considered but did not implement a county-wide rent cap. No current local caps are in place.
• Miami-Dade County: There are no active rent caps, but Miami-Dade offers renter resources and notices about rent increase timelines. See Miami-Dade renters’ rights info.

As of this year, there are no permanent or active local rent control ordinances in Florida. State law remains very clear that only temporary, emergency-based rent caps with strong public support can be adopted.

Your Rights When Facing a Rent Increase

Even without rent caps, Florida renters have certain protections regarding how and when rent can be raised. Under the Florida Residential Landlord and Tenant Act²:

• Your landlord must give at least 60 days' written notice before increasing rent for month-to-month tenancies.
• For fixed-term leases (such as one year), rent usually cannot be raised until the lease ends unless your lease allows increases during the term.
• Notices must be provided in writing (paper or electronic if agreed upon).

Important Official Forms and How to Use Them

• Residential Tenancy Complaint Form (DBPR Form LT-01) – Use this form to file a formal complaint about unlawful rent increases or retaliation with the Florida Department of Business and Professional Regulation. For example, if you received a rent increase without proper notice. Download and instructions here.
• Notice of Landlord’s Intention to Impose Claim on Security Deposit – While not directly about rent caps, this official notice (no specific form number) concerns how landlords must communicate regarding your deposit after you move out. See official statutory requirements here.

What To Do If You Need Help or Disagree with a Rent Increase

If a rent increase seems unfair, sudden, or illegal, you may:

• Speak directly with your landlord to clarify the situation and request additional time or explanation.
• Contact your local housing authority or city hall to check for any new emergency ordinances or rent caps in your area.
• For formal complaints, file with the Florida Department of Business and Professional Regulation (DBPR), which handles landlord/tenant disputes in residential tenancies.

If you are facing eviction after disputing a rent increase, you have a right to a fair legal process and may need to appear before your local county court.

Florida’s Tenant-Landlord Tribunal

Residential tenancy disputes in Florida are generally handled in the County Courts in each jurisdiction³. There is no specialized tribunal, but county courts handle evictions, unlawful rent increase complaints, and related disputes for renters.

FAQ: Rent Caps and Renter Rights in Florida

1. Are there any permanent rent caps or rent control in Florida?
   No—permanent rent control is currently prohibited in Florida by state law. Only temporary, emergency-based caps are possible, and only with a voter referendum.
2. How much notice must my landlord give before raising my rent?
   For month-to-month renters, at least 60 days’ written notice is required before any rent increase under Florida law.
3. Where can I file a complaint if I believe a rent increase is unlawful?
   You may file a complaint with the Florida Department of Business and Professional Regulation (DBPR).
4. Can my city create a rent control ordinance without state approval?
   No—any local rent control or cap requires a declared emergency and a public referendum before it takes effect.
5. Who decides disputes about rent increases in Florida?
   Disputes are typically decided in County Court, where both landlords and tenants can present their cases.

Conclusion: Key Takeaways for Florida Renters

• Florida does not allow permanent local or statewide rent control; rent caps are only possible in emergencies with a public vote.
• Landlords must provide proper written notice before increasing rent, and you have the right to dispute unlawful rent hikes.
• If you have concerns, Florida’s Department of Business and Professional Regulation and your county courts are official channels for help.

Staying informed about your rights and any temporary local measures can provide peace of mind as you navigate Florida’s rental housing market.

Need Help? Resources for Renters

• Florida Department of Business and Professional Regulation – Landlord/Tenant Info
• Florida County Courts – Landlord-Tenant Resources
• Florida Housing Finance Corporation – Renter Assistance
• Miami-Dade County Renters’ Rights
• Orange County Housing and Community Development

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1. Florida Statutes Section 418.16 – Rent Control
2. Florida Residential Landlord and Tenant Act
3. Florida County Courts – Landlord Tenant Resources

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