Florida Rent Control History & Local Tenant Protections
Florida renters often hear about rent control and rent stabilization, especially when sudden rent hikes or an affordable housing shortage make the news. While Florida does not have statewide rent control, understanding its historic rent control campaigns can help tenants know their rights and navigate rent increases or housing changes with more confidence.
Historic Rent Control Campaigns and Efforts in Florida
Historically, Florida has never had permanent, statewide rent control laws like those in California or New York. However, rapid rent increases and affordable housing shortages have prompted cities like Miami Beach and Orlando to pursue temporary measures or ballot campaigns to limit rent hikes during housing emergencies.
State Limits on Rent Control
- Florida law generally prohibits local governments from passing rent control ordinances.
- However, Section 166.043 of the Florida Statutes on Rent Control and Rent Stabilization allows local rent controls only during a "housing emergency so grave as to constitute a serious menace to the general public."
For example, in 2022, Orange County (which includes Orlando) voters approved a temporary rent stabilization measure, but courts later blocked its enforcement, citing state law restrictions.[1]
How Local Governments Can Attempt Rent Control
If a city or county in Florida wants to enact rent control, it must:
- Declare a severe housing emergency by ordinance.
- Put the proposal on a general election ballot for voter approval.
- Set limits for up to one year only.
- Renew any controls through another public vote, following the same process.
Even when local officials and voters support rent stabilization, courts have repeatedly invalidated those ordinances if the state’s strict criteria aren’t met, or if the housing shortage does not meet the legal definition of an emergency.
Who Oversees Landlord-Tenant Matters in Florida?
Florida does not have a dedicated state "rental board" for residential disputes. However, official guidance comes from the Florida Department of Business & Professional Regulation (DBPR) Landlord/Tenant Section. Disputes, such as unlawful rent increases or evictions, are usually handled in Florida county courts.
Your Rights as a Florida Renter
Florida law allows landlords to set or raise rent with proper advance notice, as long as it’s not during the fixed term of a lease. Protections for renters mainly come from the Florida Residential Landlord and Tenant Act (Chapter 83, Part II).[2]
- There is no state limit on the amount or frequency of rent increases for most rental agreements.
- Landlords must provide at least 15 days’ written notice before increasing rent on a month-to-month agreement. Longer-term leases may have different rules, based on the contract.
- Renters have protections against certain types of eviction and can dispute illegal actions in local court.
When and How to Respond to Rent Increases or Rental Issues
- If you receive a rent increase notice, check your lease and confirm the notice period is correct.
- Write to your landlord if you believe the increase violates your agreement or the law.
- If you plan to contest or need time, respond in writing and keep a copy.
- If a housing emergency is declared, watch for official notices from your local government.
Official Forms and How to Use Them
- Three-Day Notice to Pay Rent or Vacate – Florida Law does not mandate an official state form number, but landlords must serve this before beginning eviction for unpaid rent. If you receive this, review your payment records and respond quickly. Example: Your landlord gives you a three-day notice after rent is late; you must pay or move out to avoid eviction.
- Complaint for Eviction – Form 1.944: Used by landlords to file for eviction. If you’re served with this complaint, you can file an answer with the court. See official form at the Florida Courts Eviction Forms Page.
- Answer – Residential Eviction: Respond to an eviction complaint using local county court forms. Detailed instructions are found with the Florida Court Family Law Forms. Filing an answer helps explain your side in court.
Always consult the court or an attorney if you have questions about these forms, or contact Florida Law Help for free legal aid references.
If you receive a rent increase or eviction notice: Read documents carefully, check required notice periods, and respond in writing. If you’re unsure of your rights, reach out to a legal aid office or your local Florida courthouse for guidance.
Frequently Asked Questions
- Does Florida have statewide rent control or stabilization?
No, Florida prohibits permanent statewide rent control. Local governments can only temporarily control rents during a legally declared extreme housing emergency, but court approval is tough to obtain. - How much notice must a landlord give before raising rent in Florida?
For month-to-month tenancies, landlords must give at least 15 days’ written notice before the rent increase takes effect. Lease agreements may require more. - What can I do if my rent is being increased too much?
Review your lease, verify the advance notice, and discuss concerns with your landlord in writing. If you believe the increase is illegal or retaliatory, consult the Florida Department of Business & Professional Regulation or visit your local county court. - Where do I file a complaint about rental issues in Florida?
Most rental complaints are handled in local county courts. For guidance, see the Florida DBPR Landlord/Tenant Section.
Key Takeaways for Florida Renters Facing Rent Increases
- Florida law restricts rent control, but tenants still have basic rights around notice and fair treatment.
- Major rent stabilization efforts in recent years have generally been blocked by state law or courts.
- Always respond to official notices and seek help from government or legal aid sources if needed.
Need Help? Resources for Renters
- Florida Department of Business & Professional Regulation (DBPR) – Landlord/Tenant Information
- Florida Courts – Eviction Forms and Instructions
- Florida Law Help – Tenant and Legal Aid Resources
- Florida Residential Landlord and Tenant Act (Chapter 83, Part II)
- Your county courthouse self-help center for court filings and tenant assistance
- Florida Statutes, Section 166.043: Local government rent control limitations
- Florida Statutes, Chapter 83: Florida Residential Landlord and Tenant Act
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