Florida Rent Increase Notice
In Florida a landlord must give at least 30 days written notice to raise the rent on a month-to-month tenancy, and the 30 days must run before the end of a monthly period (Fla. Stat. 83.57(3)). Florida has no statewide rent cap, and cities and counties cannot impose rent control. Attorney review available.
Introduction
Florida doubled the notice behind a rent increase in 2023. House Bill 1417 (Chapter 2023-314) raised the written notice a landlord must give to alter or end a month-to-month tenancy from 15 days to 30 days, effective July 1, 2023, and because Florida has no separate rent-increase statute, that is the very notice a landlord uses to raise the rent: not less than 30 days written notice prior to the end of any monthly period (Fla. Stat. 83.57(3)). A rent increase notice is simply that written notice put to a new rent, naming the new monthly amount and the date it starts. On the amount itself Florida is hands-off. There is no statewide rent cap, and state law preempts local rent control, so no city or county may impose controls on rents (Fla. Stat. 166.043(2) and 125.0103(2)); the Live Local Act of 2023 even removed the earlier housing-emergency exception, leaving the landlord free to set the new figure subject to anti-discrimination and anti-retaliation law. Timing is what the statute polices: the 30 days run to the end of a monthly period, not merely 30 days from service. A fixed-term lease is different, because Section 83.57 reaches only a tenancy without a specific duration (Fla. Stat. 83.46(2)), so mid-term rent stays put unless the lease says otherwise. Deliver the notice by mail, by hand, by e-mail under Section 83.505, or by leaving a copy at the residence if the tenant is out (Fla. Stat. 83.56(4)); Florida adds no extra days for mailing. DocDraft builds your Florida rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
- 1
A Florida rent increase notice is a written notice from landlord to tenant that raises the rent on a residential tenancy, naming the new monthly rent and the date it takes effect.
- 2
Because Florida has no dedicated rent-increase statute, the increase rides on the notice to alter or end a month-to-month tenancy: not less than 30 days written notice prior to the end of a monthly period (Fla. Stat. 83.57(3)), a figure House Bill 1417 raised from 15 to 30 days effective July 1, 2023.
- 3
The 30 days must run to the end of a monthly rental period, not merely 30 days counted from the date of service, so the effective date lands at the close of a monthly period (Fla. Stat. 83.57(3)).
- 4
There is no statewide rent cap and no local one either, because state law preempts municipal and county rent control (Fla. Stat. 166.043(2) and 125.0103(2)), so the landlord sets the new amount.
- 5
A specific-duration lease is off limits mid-term, since Section 83.57 governs only a tenancy with no specific duration, meaning a month-to-month or other periodic tenancy (Fla. Stat. 83.46(2)), so a fixed-term rent holds unless the lease allows a change.
- 6
Service is by mailing, hand delivery, e-mail under Section 83.505, or leaving a copy at the residence when the tenant is absent (Fla. Stat. 83.56(4)), and Florida adds no calendar days for mailing.
- 7
A notice short of the 30 days, or one that fails to run to the end of a monthly period, does not take effect on its stated date, and the tenant may keep paying the prior rent until a proper period passes.
Key decisions before you file
Before you file a Rent Increase Notice in Florida, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Florida Requirements for Rent Increase Notice
30-Day Notice on a Month-to-Month Tenancy
On a month-to-month tenancy a Florida landlord must give not less than 30 days written notice prior to the end of any monthly period before the new rent takes effect, the same notice Florida sets to alter or end such a tenancy (Fla. Stat. 83.57(3)). House Bill 1417 raised this from 15 days to 30 days effective July 1, 2023. The effective date must give the tenant at least that notice.
No Statewide Rent Cap
Florida has no statewide rent cap. There is no percentage ceiling in Florida statute, so a landlord may set the new amount, subject only to giving the required 30 days notice and to anti-discrimination and anti-retaliation law (Fla. Stat. 83.57(3); 166.043(2)). The new amount stated in the notice is the rent going forward.
Local Rent Control Is Preempted
State law preempts local rent regulation: a municipality, county, or other entity of local government may not adopt or maintain any measure that would have the effect of imposing controls on rents (Fla. Stat. 166.043(2) for cities and 125.0103(2) for counties). The Live Local Act of 2023 removed the earlier housing-emergency exception, so no Florida city or county may set a rent cap.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. Section 83.57 applies only to a tenancy without a specific duration, which is a month-to-month or other periodic tenancy (Fla. Stat. 83.46(2)). Once the lease ends and a month-to-month tenancy begins, the 30-day notice applies.
Delivery of the Notice
The notice is delivered in the manner Section 83.56(4) provides: by mailing, by delivering a copy, by e-mail in accordance with Section 83.505, or, if the tenant is absent from the premises, by leaving a copy at the residence (Fla. Stat. 83.57; 83.56(4)). Florida does not add extra calendar days for service by mail. Keep proof of how and when the notice was delivered.
Counting the 30 Days to the End of a Monthly Period
The 30 days must run to the end of a monthly rental period, not merely 30 days from the date of service (Fla. Stat. 83.57(3)). Count the notice so that at least 30 days pass before the end of a monthly period, and set the effective date on or after the start of the next monthly period. The increase takes effect only on or after that date.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 30 days Fla. Stat. 83.57(3) requires and runs to the end of a monthly period. Florida does not require a specific form, but written notice delivered under Section 83.56(4) is required.
Effect of a Short or Improper Notice
A rent increase served with less than the 30 days the law requires, or that does not run to the end of a monthly period, does not take effect on the stated date (Fla. Stat. 83.57(3)). The tenant may treat a short or improper notice as not yet effective and keep paying the prior rent until a proper notice period passes, or may end the tenancy by giving the tenant's own written notice.