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, and a local ordinance (e.g., in Miami-Dade County) may add notice for a larger increase – check your county and city.
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
Check for a local ordinance. Florida has no statewide rent-increase notice rule, but some local governments add one – Miami-Dade County, for example, requires 60 days’ notice for an increase above a set threshold – so confirm your county and city before you set the effective date.
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. Check for a local ordinance that may require more (e.g., 60 days in Miami-Dade County for a larger increase). 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 are the last piece. Florida has no statewide rent-increase notice, but a county or city may add one. Miami-Dade County, for example, requires 60 days’ notice for a rent increase above a set threshold, and a few other localities have adopted similar measures. Because these vary, confirm your county and city before you set the effective date – a notice that meets the lease and the 83.57 floor can still fall short of a stricter local 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 or text works only when the lease or tenant authorizes electronic notice and you document it. 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; check for a stricter local ordinance; 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.
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 ordinances may add notice – some Florida localities (e.g., Miami-Dade County) require more notice for a larger increase.
- 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 works only if the lease or tenant authorizes electronic notice and you document it; 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.
- Missing a local ordinance that adds notice for a larger increase (e.g., Miami-Dade County).
- 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 check for a local ordinance that may require more notice.
- 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; a local ordinance may add more; 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. A local ordinance may add notice.
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, follow any longer period in the lease, and check for a stricter local ordinance.
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.
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, missing a stricter local ordinance (such as Miami-Dade County’s), 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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