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Rent Increase Laws in Florida

Not everyone is in a position to be able to buy their own home. That is especially applicable to places that are considered desirable; Florida is one of those states. Unlike some states, the state does not utilize rent control laws. But, is the lack of rent control laws in Florida helping?

Enough Housing 

Ensuring that there is enough rental housing to fill demand is a difficult balancing act. One of the issues involved is affordability. The average citizen needs to be able to afford to live.

Allowing rent prices to spiral out of control can cause major problems. It could mean that the essential workers (doctors, nurses, teachers, etc.) may leave the city or even the state. That is a problem you do not wish to create.

enough housing

Annual Increases

You might expect that there will be a level of rent increase every year. That applies to just about everything. And the rental housing market is no different.

Many states have decided to introduce control on rent and rent increases. They have taken it a stage further and banned uncontrolled rent increases completely. Florida has not been one of those states; they prefer to let the markets decide what rents should be.

So, let’s take a closer look at how things work with Florida’s rental increase laws.

Are There Rent Increase Laws in Florida?

Because of the way the government is structured, individual US states have a certain amount of control over their laws and regulations. That essentially means the Federal government cannot impose laws on them.

In a smaller country like the UK, this would be a farcical situation and a recipe for chaos and disaster. However, in America, it makes a lot of sense. 

Are There Rent Increase Laws in Florida

Individual States Have a Say in How They are Governed

America is a country with a range of parts, diversities in cultures and local traditions, and is geographically vast. A law made for New York would have little relevance in Arizona.

Some states, California and Oregon, to give two examples, have rent control laws that apply to the whole state. Other states, like Maine and New York, do not have any state laws. Instead, they give counties and cities the option to legislate rent control for themselves.

On the other hand…

In Florida, there is a law designed to forestall the introduction of any restrictions on rent. The Federal Government then is powerless to act if it thinks it was necessary.

This extends to all counties and cities in the state and prevents them from introducing rent control legislation. This means that the main cities in the state, Miami, Tampa, Orlando, etc., have little or any laws that pertain to rent increases.

Does Florida Limit The Amount Of Any Rent Increases?

There are no limits imposed on rent increases in the state of Florida. Landlords can, therefore, legally charge whatever they feel is appropriate. And, of course, whatever they think the prospective tenant will pay.

Does Florida Limit The Amount Of Any Rent Increases

Another Commodity

The rental market in Florida is treated and viewed as a commodity. As a result, rental pricing is governed by supply and demand. But, just because there are no rent increase laws in Florida, that doesn’t necessarily mean that the rents charged are exorbitant. The tenant of a prospective property will still factor in the cost of the property as one of their biggest considerations.

Of course, landlords are aware of this and the fact that the tenant can go elsewhere. That at least makes landlords consider what they are offering and at what price. In a way, it forces landlords to be competitive.

Let The Market Decide

There is a certain glamor about moving to Florida. For many years, it has attracted more than its fair share of retirees. It has most of what people want, especially the sunshine. 

And the cost of living in Florida has always been lower than in some other places like California and New York, for example. Those are places where rent control is standard practice.

Florida’s thoughts on the issue of rent increase laws are interesting. Rather than allow the government, state or federal, to dictate pricing, Florida lets the markets and the local situation decide themselves. The going rate is decided on a supply and demand basis.

When Can Landlords Raise Rent in Florida?

As we have seen, there are no laws in Florida regarding rent increases. Similarly, there are no official regulations that exist for when a landlord can or cannot raise the rent. The only legal issues they need to abide by are the contents of the lease agreement they have with the tenant.

It is a common procedure for there to be a section in the lease about potential rent increases. These sections are usually at the end of the lease agreement, with any increases made before the expiry of the lease. However, there is nothing to stop a landlord from inserting a clause in a longer-term agreement to say there will be an increase at a certain date. 

That said, this must include the actual date of the increase and how much the increase will be. Once the agreement is signed, it becomes valid. So, you should check your agreement carefully to see if such a clause exists. That way, you won’t get any nasty surprises.

How Much Notice of A Rent Increase Will You Get?

Once again, this is an area in Florida law that is not regulated. There are no regulations or laws that ensure there is a certain time for raising rental fees. 

We have seen that if there is to be an increase, it needs to be included in the agreement with the amount of the increase and the date it applies. However, there are laws regarding the length of notice required for terminating an agreement.

How Much Notice of A Rent Increase Will You Get

Landlords will usually look at the termination date of the lease to determine a timeframe for making increases. That way, if you choose to not renew because of the increase, they have time to find another tenant. 

Some interesting scenarios can apply here, though…

Let’s just consider the lease terminations agreement requirements first. These are the requirements for termination:

  • Month-to-month lease, – 15 days’ notice.
  • Quarterly lease – 30 days’ notice.
  • Annual lease – 60 days’ notice.

One interesting scenario is that the landlord could decide to inform you of an increase in rent a week before the lease is up. If you decide to not renew, then you are still entitled to the notice period. 

For example, if you are on a quarterly lease, the landlord would have to give you 30 days. Most landlords, though, would not go down that road, but it could happen.

Do Any Florida Counties or Cities Have Rent Control?

The short answer is no; there aren’t any due to the preemptive ban we looked at earlier. However, in the event of emergencies or disasters, other arrangements can be made to manage a crisis if required. Any temporary crisis-driven legislation request must be able to demonstrate proof that such measures are required. 

Thinking About Moving to The Sunshine State?

Well, then check out our guides on the Safest Places to Live in Florida, the Best Places to Live in Florida for Families, the Cheapest Beach Towns in Florida, the 10 Best Places To Retire In Florida, the 10 Richest Cities in Florida, and the Most Dangerous Cities in Florida in 2023.

Also, if you are planning on relocating, have a look at our breakdowns on States With No Property TaxesHow Much Do Utilities Cost for an Average ApartmentCan I Get a Good Apartment with Bad Credit, the Cost of Building a Shipping Container Home, and Rent-To-Own Mobile Homes for more information about housing and rental properties.

Conclusion

On the face of it, the lack of rent control laws that are designed to protect the consumer can be frustrating for some, especially if you happen to be on the receiving end of a large increase.

If you are thinking about relocating to Florida, and as long as you avoid the very affluent areas, you will find the rental costs are realistic. And as they are driven by market trends that tend to allow the rent costs to settle at the correct level.

I would say that affordable housing is less of a problem in Florida than you might find is the case in New York or California, where both have rent controls.

Until next time, good luck, and hopefully, you find what you are looking for.

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