Free Florida Rent Increase Notice
Florida has no rent control and no cap on how much you can raise the rent, and no statute that sets a notice period specific to a rent increase – a fixed-term increase is governed by the lease, and a no-fixed-term tenant who refuses the new rent is handled through the Fla. Stat. 83.57 termination notice (30 days for month-to-month), which is the practical floor. You also cannot raise rent in retaliation (Fla. Stat. 83.64). Generate a clean notice below.
This Florida Rent Increase Notice raises the rent on a residential tenancy. Florida sets no rent control and no cap on the amount, and no statute fixes a notice period for a rent increase itself. On a fixed-term lease the rent is locked unless the lease has an escalation clause, and any increase applies at renewal. For a tenancy with no fixed term, a tenant can decline the new rent, and the landlord’s path is to terminate under Fla. Stat. 83.57 – which after the 2023 change requires at least 30 days’ notice for a month-to-month tenancy – so that 30-day period is the practical floor for the change. Keep the increase out of the retaliation bar in Fla. Stat. 83.64. Our how to raise rent guide covers the timing, and the tenant screening laws by state hub helps you place reliable tenants in the first place.
Florida Rent Increase at a Glance
Statute
Fla. Stat. 83.57 / 83.64
Statewide rent cap
None
Rent-increase notice statute
None (lease / 83.57 floor)
Month-to-month termination
30 days (Fla. Stat. 83.57)
Florida rent-increase rules at a glance
Florida does not cap rent and sets no statutory notice period for a rent increase itself. On a fixed-term lease, follow the lease – the rent cannot change mid-term unless the lease allows it, and any increase takes effect at renewal. For a tenancy with no fixed term, the tenant can refuse the new rent, and the landlord’s recourse is to terminate under Fla. Stat. 83.57, which requires at least 30 days’ notice for a month-to-month tenancy (raised from 15 days by the 2023 law); that 30-day period is the practical floor for the change. The increase may not be retaliatory under Fla. Stat. 83.64. Do not add days for an old local ordinance: the former Miami-Dade, Palm Beach, and Orange County 60-day-over-5% notice rules were preempted by Fla. Stat. 83.425 in 2023, so the lease and the 83.57 floor control.
How to Serve the Florida Rent Increase Notice
Determine the required notice period
Confirm the tenancy and the lease. On a fixed-term lease the rent is locked unless the lease has an escalation clause, and any increase applies at renewal; a tenancy with no fixed term (month-to-month, week-to-week) can be changed prospectively, with the tenant free to accept or move on proper notice.
Calculate the increase
Read the lease for a notice period or an escalation clause. Florida has no statute that fixes a rent-increase notice period, so the lease controls. If the lease is silent on a no-fixed-term tenancy, plan around the Fla. Stat. 83.57 termination notice as the practical floor – 30 days for month-to-month, 7 days for week-to-week – because that is the notice that applies if the tenant declines the new rent.
Prepare the written notice
Put the increase in writing and set the effective date from the lease and the Fla. Stat. 83.57 floor. Do not rely on an old local ordinance: a few counties (Miami-Dade, Palm Beach, Orange) once required 60 days’ notice for an increase over 5%, but Fla. Stat. 83.425 (2023) preempts local notice requirements, so those rules are no longer a safe basis.
Serve the notice
Make sure the timing is not retaliatory. Fla. Stat. 83.64 makes it unlawful to discriminatorily increase the rent or to bring or threaten a possession action primarily to retaliate against a tenant for a good-faith code or maintenance complaint, organizing or joining a tenant organization, or exercising a legal right.
Document and follow up
Put the increase in writing – the current rent, the new rent, and the effective date – deliver it by a method you can prove (Florida sets no required service method), and keep a signed, dated copy with proof of delivery.
Generate the Florida Notice
Complete the fields below to generate a Florida rent increase notice. The new rent and effective date must give the tenant the full statutory notice period. Service should comply with applicable Florida law; retain proof of service.
Set the effective date correctly
Florida fixes no statutory notice period for a rent increase, so the lease controls the timing. Where the lease is silent on a no-fixed-term tenancy, count from the Fla. Stat. 83.57 termination notice – 30 days for month-to-month, 7 days for week-to-week – because that is the notice that applies if the tenant refuses the new rent, and set the effective date after it runs. You no longer need to add days for a local ordinance – Fla. Stat. 83.425 (2023) preempts local notice requirements, so the former Miami-Dade and Palm Beach 60-day rules are no longer a safe basis. Allow added days for receipt when you mail.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Rent Change Details
3. Notice Details
4. Signature
About This Florida Notice
A Florida rent increase notice is the written notice a landlord gives to raise the rent on a residential tenancy. Florida is a market-rate state: there is no statewide rent control and no statutory cap on how much the rent can go up. State law has long preempted local rent control as well – Fla. Stat. 166.043 bars municipalities and Fla. Stat. 125.0103 bars counties from controlling residential rent, allowing it only after the local government declares a housing emergency so grave as to be a serious menace to the public, the measure is approved by referendum, it lasts no more than a year, and it excludes new, luxury, and seasonal units. No Florida city or county currently has rent control in force, so for essentially all Florida rentals there is no cap on the amount of an increase.
The point that trips up the most landlords is notice, because Florida has no statute that fixes a notice period for a rent increase. This is worth stating plainly: do not rely on a single statewide number, and be skeptical of any source that quotes a long fixed period (a 90-day rule, for instance) for a Florida rent increase – no such rent-increase notice statute exists. What governs instead is the lease and the type of tenancy. On a fixed-term lease, the rent is locked for the term and cannot be raised mid-lease unless the lease itself contains an escalation clause; the increase takes effect at renewal. For a tenancy with no fixed term – month-to-month or week-to-week – the landlord can propose a new rent prospectively, but the tenant is free to decline it. If the tenant declines, the landlord’s recourse is to end the tenancy, and that is where a real statutory number comes in.
Fla. Stat. 83.57 sets the notice to terminate a tenancy that has no specific term. After the 2023 law (HB 1417, chapter 2023-314, effective July 1, 2023), a month-to-month tenancy requires at least 30 days’ written notice – raised from the old 15-day figure – given prior to the end of the monthly period. The statute also sets 7 days for week-to-week, 30 days for quarter-to-quarter, and 60 days for year-to-year. It is important to be precise about what 83.57 is: it is a termination notice, not a rent-increase notice. Florida law does not say a landlord must give 30 days’ notice to raise the rent. What it says is that if the landlord and a no-fixed-term tenant cannot agree on a new rent, the landlord ends the tenancy with the 83.57 notice. Because that is the practical consequence of a tenant refusing an increase, the 83.57 period functions as the floor a careful landlord builds the increase around – but it is borrowed from the termination rule, not a rent-increase statute of its own.
Even with proper timing, an increase can still be unlawful because of its motive. Fla. Stat. 83.64 makes it unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services, or to bring or threaten a possession or other civil action, primarily to retaliate against a tenant. The protected, good-faith tenant actions include complaining to a governmental agency about a building, housing, health, or code violation; organizing or participating in a tenant union or similar organization; complaining to the landlord about a failure to maintain the premises; a servicemember’s termination under the federal Servicemembers Civil Relief Act; and exercising rights under fair housing law. Under Section 83.64 itself, the tenant’s remedy is to raise retaliatory conduct as a defense to a possession action – the section does not set a fixed-dollar penalty, and a landlord can still proceed if the eviction is for good cause such as nonpayment or a lease violation. Federal and Florida fair housing law independently bar an increase aimed at a tenant because of a protected characteristic.
Local ordinances used to be the last piece, and this is where the law recently changed. Before 2023, a handful of Florida counties layered their own notice rule on top of the state framework: Miami-Dade County (Ordinance O-22-30), Palm Beach County (Ordinance 14-81), and Orange County each required 60 days’ written notice for a rent increase above 5 percent. That is no longer a safe basis. In 2023, HB 1417 (chapter 2023-314) created Fla. Stat. 83.425, which preempts the regulation of residential tenancies to the state and expressly supersedes local government rules on the matters covered by Part II of Chapter 83 – “including, but not limited to … notice requirements.” Since July 1, 2023, those local 60-day notice ordinances are widely regarded as unenforceable for residential tenancies, so a landlord should follow the lease and the Fla. Stat. 83.57 floor rather than an old county rule. Florida also sets no required method to serve a rent-increase notice, so the practical standard is provable written delivery: personal delivery to the tenant, delivery left at the premises when the tenant is absent, certified mail with a return receipt, or first-class mail. Email is not a default method – under Fla. Stat. 83.505, a landlord may deliver notices under Part II of Chapter 83 by e-mail only if the parties signed an addendum specifically agreeing to electronic delivery, each gave a valid e-mail address, and the addendum states the election is voluntary and revocable. Whatever the method, the notice should state the current rent, the new rent, and the effective date, and the landlord should keep a signed, dated copy with proof of delivery. Our how to raise rent guide walks through the timing, and screening applicants with verified reports keeps tenancies stable so the increases you serve actually stick.
Put together, a clean Florida increase is simple but exact: read the lease, because no statute fixes a rent-increase notice period; do not raise a fixed-term rent mid-term unless the lease allows it; for a no-fixed-term tenancy plan around the Fla. Stat. 83.57 termination notice (30 days month-to-month) as the floor; remember that Fla. Stat. 83.425 now preempts local notice ordinances; keep the timing outside the Fla. Stat. 83.64 retaliation bar; deliver the notice in writing with proof; and never invent a statewide notice figure that the law does not set. None of this replaces the screening you do at move-in – a tenant chosen for steady income and a clean payment history is the one most likely to absorb a lawful increase without a dispute.
Local Notice Ordinances Are Now Preempted (Fla. Stat. 83.425)
The most important recent change is one many Florida guides still miss. For a few years, several large counties required extra notice for a rent increase: Miami-Dade County (Ordinance O-22-30), Palm Beach County (Ordinance 14-81), and Orange County each required 60 days’ written notice for a rent increase above 5%. Those rules are no longer a safe basis for setting the effective date.
In 2023, the Legislature passed HB 1417 (chapter 2023-314), which created Fla. Stat. 83.425. The statute reads: “The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state,” and it “supersedes any local government regulations on matters covered under this part, including, but not limited to,” a list that expressly ends with “notice requirements.” Effective July 1, 2023, that preemption is widely read to strip local governments of the power to impose their own rent-increase notice periods on residential tenancies covered by Part II of Chapter 83. A landlord should treat the former county 60-day rules as unenforceable and build the notice around the lease and the Fla. Stat. 83.57 termination floor instead.
Do not rely on an old county 60-day rule
If a template or an older article tells you Miami-Dade or Palm Beach requires 60 days’ notice for a rent increase over 5%, treat that as out of date. Fla. Stat. 83.425 (2023) preempts local notice requirements. The safe, statute-backed timing is the lease first, then the Fla. Stat. 83.57 floor (30 days month-to-month, 7 days week-to-week) for a no-fixed-term tenancy. When in doubt, give more notice, not less.
Serving the Notice by Email (Fla. Stat. 83.505)
Florida sets no required method to serve a rent-increase notice, but email is not a free default. Under Fla. Stat. 83.505, a landlord or tenant may deliver notices under Part II of Chapter 83 by e-mail only when the parties have signed an addendum to the rental agreement that specifically agrees to electronic delivery, each party has provided a valid e-mail address, and the addendum conspicuously states that the election is voluntary and revocable. The statute even supplies the language the addendum must substantially follow.
- No signed 83.505 addendum? Email and text are not valid service – use personal delivery, delivery left at the premises when the tenant is absent, certified mail with a return receipt, or first-class mail.
- With a signed addendum, keep the send record (and any read receipt) with your file; the election can be revoked in writing at any time.
- Either way, retain a signed, dated copy of the notice and proof of how and when it was delivered – a provable paper trail is what makes the increase stick if the tenant disputes it.
How Often Can You Raise the Rent?
Florida has no rent control and no statute limiting how often rent can go up, so there is no annual cap on frequency. The limits come from the tenancy type, not a frequency rule:
- Fixed-term lease: the rent is locked for the whole term and can change only at renewal, unless the lease contains an escalation clause that both sides agreed to up front.
- No-fixed-term tenancy (month-to-month, week-to-week): the landlord can propose a new rent for a future period as often as the market supports, but each increase needs its own proper written notice, and none of them may be retaliatory under Fla. Stat. 83.64.
- Subsidized or voucher (Section 8) units: program rules and the housing authority’s approval process can add their own timing and documentation on top of state law – check the program before you serve.
- Mobile home park lot tenancies (Chapter 723): a different chapter governs. Under Fla. Stat. 723.037, a park owner must give each affected mobile home owner at least 90 days’ written notice before increasing the lot rental amount – a stricter, statute-set floor than the general Chapter 83 timing.
What the Florida Notice Must Include
Florida does not prescribe a form, but a clean, enforceable rent-increase notice states each of these in writing:
- The landlord/agent and the tenant(s) by name, and the property address.
- The current monthly rent and the new monthly rent (the amount and percentage of the change).
- The effective date of the new rent – set after the lease period and, for a no-fixed-term tenancy, after the Fla. Stat. 83.57 notice runs.
- The date of the notice and how it was served, plus the signature of the landlord or agent.
The generator above assembles all of this into a downloadable PDF – fill the fields once and it produces a dated, signed-ready Florida rent increase notice you can serve and keep on file.
Florida Statutory Requirements
- No statewide cap on the amount of a rent increase, and no rent control – local rent control is barred (Fla. Stat. 166.043 / 125.0103) except after a declared housing emergency approved by referendum for one year.
- No rent-increase notice statute – Florida law sets no notice period specific to a rent increase; the lease controls the timing.
- No mid-term increase on a fixed-term lease unless the lease expressly allows it; the increase applies at renewal.
- Termination notice as the practical floor – for a no-fixed-term tenancy, Fla. Stat. 83.57 sets 30 days (month-to-month), 7 days (week-to-week), 30 days (quarter-to-quarter), and 60 days (year-to-year); a tenant who declines the increase is handled through that termination notice.
- No retaliatory increase – Fla. Stat. 83.64 bars a discriminatory or retaliatory increase or possession action.
- Local notice ordinances are preempted – Fla. Stat. 83.425 (2023, HB 1417 / ch. 2023-314) preempts local landlord-tenant regulation, including notice requirements, so the former Miami-Dade / Palm Beach / Orange County 60-day-over-5% rules are no longer a safe basis.
- Email needs an addendum – Fla. Stat. 83.505 allows electronic service only when both parties signed an addendum agreeing to it and gave valid e-mail addresses.
- No discriminatory increase based on a protected class (federal Fair Housing Act and the Florida Fair Housing Act).
Service Methods Permitted
- Florida sets no required method to serve a rent-increase notice – the goal is provable written delivery.
- Personal delivery to the tenant, or delivery left at the rental premises if the tenant is absent.
- Certified mail with a return receipt, or U.S. first-class mail, gives a dated paper trail; allow added days for receipt when you mail.
- Email or text is not a default method – under Fla. Stat. 83.505 it works only if both parties signed an addendum agreeing to electronic delivery and gave valid e-mail addresses; keep the send record either way.
Common Mistakes
- Raising the rent mid-term on a fixed-term lease that does not allow it.
- Assuming a single statewide rent-increase notice figure exists – Florida sets none; the lease controls, and the 83.57 termination notice is the practical floor for a no-fixed-term tenancy.
- Inventing a notice period (a long-notice rule like 90 days) that is not in Florida law – there is no rent-increase notice statute.
- Relying on a preempted local ordinance – the former Miami-Dade / Palm Beach 60-day-over-5% notice rules were superseded by Fla. Stat. 83.425 in 2023.
- Emailing the notice without a signed Fla. Stat. 83.505 addendum, which makes the electronic delivery invalid.
- Raising the rent right after a tenant’s code or maintenance complaint or tenant-organization activity – Fla. Stat. 83.64 treats that as retaliation.
- Relying on a verbal notice with no written record or proof of delivery.
Best Practices
- Read the lease first – a notice period or escalation clause there controls, since no statute fixes one.
- For a no-fixed-term tenancy with a silent lease, give at least the 83.57 termination notice (30 days month-to-month) before the new rent starts.
- State the current rent, the new rent, and the effective date plainly, and rely on the lease and the Fla. Stat. 83.57 floor rather than a preempted local ordinance.
- Deliver by a method you can prove, and avoid timing an increase right after a tenant complaint.
Bottom line
In Florida there is no rent cap and no rent-increase notice statute: a lawful increase turns on the lease and on motive. A fixed-term rent is locked until renewal unless the lease allows a change; for a no-fixed-term tenancy the Fla. Stat. 83.57 termination notice (30 days month-to-month, 7 days week-to-week) is the practical floor; local notice ordinances are now preempted by Fla. Stat. 83.425; and nothing may fall inside the Fla. Stat. 83.64 retaliation bar. Do not rely on a statewide rent-increase notice number – there isn’t one.
Frequently Asked Questions
How much notice is required for a Florida rent increase?
Florida law sets no notice period specific to a rent increase. The lease controls. On a fixed-term lease the rent is locked until renewal unless the lease allows a change. For a tenancy with no fixed term, the tenant can decline the new rent, and the landlord ends the tenancy under Fla. Stat. 83.57 – which, after the 2023 change, requires at least 30 days’ notice for month-to-month and 7 days for week-to-week – so that termination notice is the practical floor. Be wary of any source quoting a fixed statewide rent-increase number (such as 90 days); no such statute exists. Local notice ordinances no longer add days either: Fla. Stat. 83.425 (2023) preempts local landlord-tenant rules, including notice requirements.
Is there a cap on rent increases in Florida?
No. Florida has no statewide rent control and no cap on the amount of an increase. State law bars local rent control too – Fla. Stat. 166.043 for cities and 125.0103 for counties – except after a declared housing emergency approved by referendum for one year, which no Florida jurisdiction currently has in force.
Does Florida law set a notice period for a rent increase?
There is no Florida statute that requires a set number of days’ notice to raise the rent. Some sources quote 30 days, but that figure comes from Fla. Stat. 83.57 – the notice to terminate a month-to-month tenancy – not from a rent-increase statute. Treat the 30-day (month-to-month) period as the practical floor because that is the notice that applies if the tenant declines the increase, and follow any longer period in the lease. Local notice ordinances no longer apply, because Fla. Stat. 83.425 (2023) preempts local notice requirements statewide.
Can a landlord raise rent during a fixed-term Florida lease?
Not during the fixed term. On a fixed-term lease the rent is locked unless the lease has an escalation clause, and any increase takes effect at renewal. A tenancy with no fixed term – month-to-month or week-to-week – can be changed prospectively, with the tenant free to accept the new rent or be terminated on the Fla. Stat. 83.57 notice.
Did the 2023 law preempt Miami-Dade County’s 60-day rent-increase notice rule?
Effectively yes. Before 2023, a few Florida counties – Miami-Dade (Ordinance O-22-30), Palm Beach (Ordinance 14-81), and Orange County – required 60 days’ written notice for a rent increase above 5 percent. In 2023, HB 1417 (chapter 2023-314) created Fla. Stat. 83.425, which preempts the regulation of residential tenancies to the state and expressly supersedes local government rules on matters covered by Part II of Chapter 83, including notice requirements. Because of that language, those local 60-day notice ordinances are widely treated as no longer enforceable for residential tenancies as of July 1, 2023. A cautious landlord should not rely on them – follow the lease and the Fla. Stat. 83.57 floor instead.
Can a landlord send a Florida rent increase notice by email?
Only if the parties opted in. Fla. Stat. 83.505 lets a landlord or tenant deliver notices under Part II of Chapter 83 by e-mail only when both sides have signed an addendum specifically agreeing to electronic delivery, each provided a valid e-mail address, and the addendum states that the election is voluntary and can be revoked. Without that signed addendum, email is not a valid method – use personal delivery, delivery left at the premises, certified mail, or first-class mail, and keep proof of delivery.
How often can a landlord raise the rent in Florida?
Florida sets no cap on how often rent can be raised – there is no rent control and no statute limiting frequency. On a fixed-term lease the rent is locked for the term and can change only at renewal unless the lease has an escalation clause. On a no-fixed-term tenancy the landlord can propose a new rent for a future period, but each increase needs its own proper written notice and may not be retaliatory under Fla. Stat. 83.64.
Can a rent increase be illegal in Florida?
Yes. Fla. Stat. 83.64 makes it unlawful for a landlord to discriminatorily increase a tenant’s rent, or to bring or threaten a possession action, primarily to retaliate against a tenant for a good-faith complaint to a government agency about a code or health violation, complaining to the landlord about maintenance, organizing or joining a tenant organization, or exercising a legal right. The tenant can raise retaliatory conduct as a defense to an eviction; a landlord may still proceed for good cause such as nonpayment. An increase can also be unlawful if it is discriminatory under fair housing law.
What happens if the tenant doesn’t pay the new rent?
On a no-fixed-term tenancy, if the tenant does not agree to the new rent, the landlord serves a Fla. Stat. 83.57 termination notice (30 days for month-to-month) and the tenant either accepts the new rent or moves out at the end of the notice. If the tenant stays past a valid termination, the landlord can pursue possession under Florida eviction law. On a fixed-term lease, an increase the lease does not authorize simply is not owed until renewal.
What are common mistakes that invalidate the notice?
The usual errors are raising the rent mid-term on a fixed lease that does not allow it, inventing a statewide notice figure Florida does not set (there is no rent-increase notice statute), giving less than the Fla. Stat. 83.57 termination notice on a no-fixed-term tenancy when the lease is silent, relying on a local ordinance that Fla. Stat. 83.425 preempted in 2023 (such as the former Miami-Dade or Palm Beach 60-day rule), emailing the notice without a signed Fla. Stat. 83.505 addendum, timing the increase as retaliation under Fla. Stat. 83.64, and relying on a verbal notice with no proof of delivery. Any one of these can make the increase unenforceable.
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