How landlords may raise housing rent in Florida

On Behalf of | Apr 18, 2022 | residential leasing | 0 comments

Florida’s statutes do not place an ordinance limit or a “cap” on the amount that property owners may increase their tenants’ rent. When renewing a residential lease agreement, landlords may raise the monthly amount by as much as the rental market allows.

According to the Florida Legislature, however, property owners may not increase the rent to retaliate against a tenant. If a tenant filed a complaint or withheld rent because a landlord violated a housing law, a new rental rate may not act as punishment.

Tenants may agree to pay the increase or vacate

The law in Florida requires landlords to provide tenants with notice at least 60 days before a year-to-year lease ends. The new lease for the upcoming year may outline the amount of a rental increase. If a tenant renews the lease, the new amount becomes part of a binding lease agreement.

Some tenants, however, may wish to remain within the premises and not renew the lease before it expires. In some cases, they may have an option to negotiate renting as a holdover tenant on a month-to-month basis.

Landlords may send notice to terminate or evict

As noted by the Florida Bar’s website, property owners may evict tenants who fail to pay or only pay a partial amount of their rent. Landlords must send their tenants notices for nonpayment or partial payment before filing an eviction lawsuit. In some cases, tenants may have the ability to pay the amount owed and avoid eviction.

Without agreeing on a new arrangement, Florida’s statutes allow landlords to demand that tenants pay double their monthly rent for each month they remain after a residential lease expires. A landlord may not, however, do so in a discriminatory or retaliatory manner.