Free Florida Rent Increase Notice

▶ Watch overview

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.

Lease / 30-day floor (83.57) Fla. Stat. 83.57 / 83.64 Florida Free PDF

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.

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.

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 ̵