Breaking a Lease in Florida

Florida Rent Increase Laws — Caps & Notice Rules (2026)

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide explains florida rent increase laws in plain English — whether there is a cap on how much your landlord can raise your rent, how much notice they must give, which Florida cities have local rent control, and what to do if an increase looks illegal. All figures are from Florida law, verified as of June 2026.

In This Florida Guide:

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Florida Rent Increase Rules at a Glance

Statewide rent cap NO. Florida has no statewide limit on how much a landlord can raise rent. There is no cap, no percentage limit, and no formula. A landlord may raise rent by any amount when a lease expires or a periodic tenancy renews, as long as proper notice is given and the increase is not retaliatory or discriminatory.
Notice required before increase Florida Statute 83.57 (as amended by HB 1417, effective July 1, 2023) sets notice periods by tenancy type. Month-to-month: 30 days written notice prior to the end of the monthly period. Week-to-week: 7 days written notice prior to the end of the weekly period. Quarter-to-quarter: 30 days written notice prior to the end of the quarterly period. Year-to-year: 60 days written notice prior to the end of the annual period. For fixed-term leases (e.g. a 12-month lease), no mid-lease rent increase is allowed unless the lease itself contains a clause specifically permitting it — if it does not, the landlord must wait until lease renewal.
How often rent can be raised Florida has no statutory limit on how often a landlord can raise rent. For periodic tenancies (month-to-month, week-to-week), a landlord may raise rent at the start of any new period with proper notice. For fixed-term leases, rent can only change at renewal unless the lease contains an escalation clause.
During a fixed-term lease NO — a Florida landlord generally cannot raise rent during a fixed-term lease. Under Chapter 83 of the Florida Statutes, if you signed a lease for a set period (such as 12 months), the landlord must honor the agreed rent for the full term. The only exception is if the lease itself contains a specific clause allowing mid-term rent increases (such as an escalation clause or a clause tied to tax or insurance increases). If no such clause exists, any mid-lease rent increase is a violation of the lease agreement. You may refuse to pay the increase and, if the landlord retaliates, you may have remedies under Section 83.64.

Retaliatory increases: YES. Florida Statute 83.64 prohibits retaliatory rent increases. It is unlawful for a landlord to discriminatorily increase rent or decrease services primarily because the tenant has: complained to a government agency about building, housing, or health code violations; organized or participated in a tenants’ organization; complained to the landlord under Section 83.56(1); exercised rights under a servicemember lease termination (Section 83.682); paid rent directly to a condo or homeowners’ association to cover the landlord’s obligation; or exercised rights under local, state, or federal fair housing laws.

A tenant may raise retaliatory conduct as a defense in any eviction action. Remedies may include actual and consequential damages, up to three months’ rent in statutory damages, attorney’s fees and costs, injunctive relief, and the right to terminate the lease without penalty.

Florida Cities With Local Rent Control

Miami Beach is the only Florida city with an active rent control ordinance. It applies to buildings constructed before 1967 and limits annual rent increases to 2% for tenants who have lived in the unit for at least 2 years.

Landlords must register rental units and justify any increase above the 2% cap. West Palm Beach has limited rent stabilization for mobile home parks, capping annual increases at the greater of 5% or the increase in the cost of living.

Note: Many local tenant protection ordinances (including Miami-Dade County’s 60-day notice requirement for increases above 5% and Orange County’s similar rule) were preempted by HB 1417 effective July 1, 2023, and are no longer enforceable.

Exempt properties: Under Florida Statute 166.043, even during a declared housing emergency where temporary rent controls are enacted, the following are exempt: seasonal or tourist rental units, second housing units, and dwelling units in luxury apartment buildings (defined as buildings where, on January 1, 1977, the average monthly rent per unit exceeded 250). Since Florida has no statewide rent cap, all property types are effectively unregulated on rent amounts.

State preemption: YES — Florida strongly preempts local rent control. Florida Statute 166.043 (enacted in 1977) prohibits any city or county from adopting rent control measures unless: a housing emergency so grave as to constitute a serious menace to the general public is declared, the rent control measure is approved by a majority of voters in a referendum, and the measure expires when the emergency ends or after one year, whichever is shorter.

In addition, HB 1417 (signed into law in 2023, effective July 1, 2023) further preempted approximately 46 local tenant protection ordinances across 35 Florida cities and counties, including extended notice requirements and tenants’ bill-of-rights laws that went beyond state minimums. The Miami Beach rent control ordinance (pre-1967 buildings) predates the 1977 preemption law and continues under a grandfathered exception.

What to Do If Your Rent Increase Is Illegal

If you believe your rent increase is illegal in Florida, you may be able to take several steps. First, review your lease carefully — if you have a fixed-term lease with no escalation clause and your landlord raised rent mid-lease, the increase may violate the lease agreement. Second, check whether you received the required written notice (30 days for month-to-month tenancies under Section 83.57).

Third, if you believe the increase is retaliatory (for example, after you reported code violations), document the timeline and gather evidence — Section 83.64 protects you. You may raise retaliatory conduct as a defense in any eviction proceeding.

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Fourth, you may file a complaint with your local code enforcement or housing authority, or contact your county legal aid office for free legal assistance. Many tenants can also file a civil lawsuit seeking actual damages, statutory damages of up to three months’ rent, and attorney’s fees under Section 83.64.

If the increase violates the Fair Housing Act (based on race, religion, national origin, familial status, disability, or sex), you may file a complaint with HUD at hud.gov or the Florida Commission on Human Relations.

Check with your local county court or a tenant rights attorney for guidance specific to your situation.

Other Florida rent rules: Florida Statute 501.160 (the price gouging statute) prohibits landlords from charging unconscionably excessive rent during a declared state of emergency (such as after a hurricane). The Florida Attorney General can investigate and prosecute price gouging, and tenants may report suspected rent gouging during emergencies to the AG’s price gouging hotline.

Also note that HB 1417 (2023) set a floor and ceiling on termination notice periods: neither party may require less than 30 days or more than 60 days notice in a rental agreement for ending a tenancy.

Florida does not require landlords to provide a reason for a rent increase at lease renewal (unless local rent control applies, such as in Miami Beach). Florida also does not have a statute requiring landlords to offer a lease renewal — a landlord may choose not to renew and effectively end the tenancy with proper notice.

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Official Florida Sources & Resources

Understanding Florida Rent Increase Laws

Whether a Florida rent increase is legal depends on the cap (if any), the notice given, and whether the increase is retaliatory. Florida rent increase laws protect tenants from surprise hikes by requiring a minimum notice period before any increase takes effect.

If you believe a Florida rent increase violates these rules, document the notice you received, check the math against the cap, and contact your local housing authority or legal-aid office.

Knowing the Florida rent increase rules before your lease renews puts you in a much stronger position.

This Florida rent increase guide was last verified against official sources in June 2026. Rent caps change — verify with your state or a local legal-aid office.

More Florida Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.