Does Florida have a Rent Control Ordinance that Caps How Much Rent can Increase from Year to Year?

Rent control is a topic of interest for many tenants and landlords alike. It refers to laws and regulations that dictate how much a landlord can increase the rent charged to tenants. While cities like New York are renowned for their rent control systems, the situation in Florida is different. Let’s delve into the specifics of rent control in Florida and its implications.

The Essence of Rent Control

Rent control laws aim to protect tenants from exorbitant rent hikes, especially in competitive real estate markets. These laws often cap the percentage by which rent can be increased annually, ensuring housing remains affordable for residents. However, Florida’s stance on this is distinct.

Florida’s Rent Control Status

Florida, including its cities, does not have rent control ordinances. This means that landlords have the freedom to set rental prices based on market demand. The only limiting factor is the availability of tenants willing to pay the set amount. Naturally, rents tend to be higher in sought-after areas close to amenities like schools, shopping centers, and entertainment hubs.

Recent Rent Trends in Florida

The absence of rent control has influenced rental prices in Florida cities. For instance, Tampa, a major Floridian city, has witnessed significant rent fluctuations. As of 2023, the average rent in Tampa is approximately $1,602, marking a steady increase from $1,248 in October 2018. Such trends are not exclusive to Tampa; cities like Boca Raton have also seen rapid rent hikes, with some areas experiencing a 13% increase from 2016 to 2017, reaching an average rent of $2,197 per month.

Negotiating Rent Increases

If your landlord intends to raise the rent after your lease term, it’s worth negotiating. Highlighting factors like timely rent payments or property maintenance might influence their decision. Engaging in a candid conversation can lead to a mutually beneficial agreement.

Landlord Obligations

While landlords in Florida have the freedom to set rental prices, they are also bound by specific obligations to ensure the well-being and rights of their tenants. These obligations encompass a range of responsibilities, including:

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• Maintaining Habitability: Landlords are required to ensure that the rental property is safe and habitable. This includes addressing issues related to plumbing, heating, and structural safety. Any reported problems should be promptly fixed to ensure the tenant’s safety and comfort.
• Security Deposits: Landlords must handle security deposits with care. This means providing a receipt upon collection, storing the deposit in a separate bank account, and returning it to the tenant upon lease termination, minus any deductions for repairs or unpaid rent. Any deductions should be itemized and communicated to the tenant.
• Notice for Rent Increases: While Florida doesn’t have rent control, landlords must provide adequate notice before increasing rent, typically at least 30 days for month-to-month leases. This ensures tenants have ample time to decide whether to continue the lease or seek alternative housing.
• Respecting Tenant Privacy: Landlords cannot enter a rented property without giving proper notice, usually 12 to 24 hours, unless there’s an emergency. This respects the tenant’s right to privacy and quiet enjoyment of the property.
• Non-discrimination: Landlords cannot discriminate against potential tenants based on race, color, religion, sex, familial status, or national origin. Fair housing laws ensure that all tenants have equal access to housing opportunities.

It’s essential for both landlords and tenants to be aware of these obligations. While landlords must ensure they adhere to them, tenants should know their rights to ensure they are treated fairly and legally in all rental situations.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

Updated: 6/2/23

A Writ of Possession is a court order that grants full possession of tangible property (usually a dwelling such as a house or apartment) back to the owner or landlord. It’s usually granted after the landlord wins an eviction lawsuit against a tenant. Common reasons for eviction lawsuits include nonpayment of rent or violating terms of the lease agreement (see: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.62.html).

The Process of Serving a Writ of Possession

Once a Writ of Possession is granted, it must be served to the tenant. This task is typically carried out by the Sheriff. The Sheriff’s role is to deliver the Writ to the tenant, thereby officially notifying them of the court’s decision and their obligation to vacate the property.

Upon receiving the Writ, the tenant is required to leave the property within a specified time frame. In Florida, for instance, this period is 24 hours. This means that once the Writ is served, the tenant has 24 hours to remove themselves and their belongings from the property. If the tenant fails to comply within this period, the Sheriff has the authority to physically remove all persons and belongings from the property.

Legal Recourses for Tenants

While a Writ of Possession can seem like the final word in an eviction case, tenants do have some legal recourse. In some states, including Florida, tenants can file an ‘Emergency Motion to Stay Writ of Possession.’ This motion is a request to the court to halt the enforcement of the Writ. If granted, a court date will be set for a hearing.

At this hearing, the tenants or their attorney will need to present a compelling legal argument as to why they should not be evicted. This could involve demonstrating that the eviction was unjust, or that they have rectified the issue that led to the eviction lawsuit.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Seeking Legal Assistance

If you find yourself served with a Writ of Possession, it’s strongly recommended to contact an attorney. An experienced legal professional can help you explore your options, guide you through the process of filing an Emergency Stay, and represent your interests in court.

Additionally, your local housing authority can provide valuable guidance and answer any questions you might have about your situation. They can help you understand your rights and responsibilities as a tenant and provide resources to assist you during this challenging time.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

What is a 3-Day Eviction Notice?

A 3-Day Notice is most often served in Florida when a tenant does not pay rent, and the landlord intends to pursue eviction proceedings. Any violation of the lease terms can result in a 3-Day Notice, which demands that the tenant either rectify the problem or leave the property. Three business days are given to you for this purpose. Weekends and court holidays will not count towards the three days.

Understanding the 3-Day Eviction

Like I mentioned, a 3-Day eviction notice is typically served when a tenant has failed to pay rent on time. However, it’s not limited to payment issues alone; any violation of the lease terms might trigger this notice. For instance, unauthorized pets, subletting without permission, or causing significant damage to the property can also lead to eviction warnings.

The notice gives you exactly three business days to either rectify the issue or vacate the premises. It’s important to note that weekends and court holidays do not count towards this three-day period, business days only.

Don’t Wait, Take Action Immediately

If you receive a 3-Day Notice, you should immediately contact your landlord or the property management company that oversees your rental home. You must be prepared to reach an agreement if you want to stay in the house. This means catching up on the rent you owe, getting rid of a pet that is prohibited or whatever course of action is required.

1. Contact the Landlord: It’s crucial to open a line of communication early to express your intent to resolve the issue. Whether it’s arranging for overdue rent payments or discussing terms for rectifying other lease violations, clear communication can often prevent the situation from escalating.

2. Review Lease Agreement: Carefully review your lease agreement to understand the specific terms or clauses you are alleged to have violated. Knowing exactly what the lease says will help you understand whether the 3-Day Notice was rightfully served and prepare your defense or response accordingly.

3. Document Everything: From the moment you receive the eviction notice, keep a record of all communications with your landlord or property manager, including dates and times of conversations, as well as a brief summary of what was discussed. Also, keep all related documents, such as payment receipts or any correspondence regarding your tenancy. This documentation will be invaluable if you need to present your case in court or in negotiations with the landlord.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Steps to Resolve the Dispute

Navigating a 3-Day eviction notice successfully will require taking proactive steps to address the underlying issues. Here are strategies to help you resolve the dispute and hopefully stay in your home:

Engaging in effective negotiations with your landlord can be a critical step towards resolving any disputes. Approach these discussions with a clear understanding of what you can realistically offer and what you need. For example, if the dispute is over unpaid rent, propose a reasonable payment plan that outlines how and when you will cover the overdue amount. If the issue is related to a lease violation, discuss what steps you can take to rectify the situation, such as rehoming a pet or stopping unauthorized sublets. Remember to keep these negotiations respectful and constructive; your goal is to maintain a good relationship with your landlord while resolving the issue.

If negotiations are proving difficult or if you believe that the eviction notice was issued unfairly, it may be time to seek legal assistance. Contact a local tenant’s rights group or look for legal aid services that offer free or low-cost advice to tenants. A qualified attorney can provide guidance specific to your situation, help you understand your legal rights, and represent you if the dispute escalates to court. Remember, the earlier you seek legal advice, the more options you might have available to defend against an eviction.

While you may not want to consider leaving your home, it’s important to prepare for all possible outcomes, including the possibility of an unsuccessful dispute resolution. Start looking at other housing options as a backup plan. Ensure you understand your rights regarding the return of your security deposit and request it in writing from your landlord. Additionally, gather all necessary documents and records that might help you secure a new rental, such as reference letters from previous landlords or your current employer.

What Comes Next?

If you do not reach an agreement with your landlord, or pay the rent that is owed and the three days pass, you will have to prepare yourself for an eviction. The landlord will file at the courthouse, and you will receive a court date. If the landlord prevails and your eviction is granted by a judge, you will have only a few days to move out of the property. If you want to stay in the property, it is essential to resolve any disputes you can with the landlord as soon as you receive a 3-Day Notice.

3 Day Eviction Notice FAQs

What happens if I partially pay the rent during the 3-day notice period?

Partial payment does not stop the eviction process unless the landlord accepts it in writing as full payment. If the landlord doesn’t agree to it, they can still move forward with the eviction.

Can a 3-day notice be emailed or texted to the tenant in Florida?

No. Florida law requires that a 3-day notice be delivered in person, posted on the premises, or sent via certified mail. Email or text does not meet legal delivery standards.

Do I still have to pay rent into the court registry if I plan to fight the eviction?

Yes. Even if you dispute the eviction, Florida courts require tenants to deposit the full amount of claimed rent into the court registry to contest the case. Failing to do so can result in a default judgment.

Can the landlord change the locks after the 3-day period ends?

No. Changing the locks without a court order is illegal. It’s considered a “self-help” eviction, which is prohibited in Florida and can lead to penalties against the landlord.

What if I never received the 3-day notice but was still sued for eviction?

You may have a defense. If the landlord didn’t properly serve the notice, the eviction may be dismissed. You’ll need to raise this issue in your written response to the court.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

In Florida’s real estate market, the sale of rented properties is not uncommon. However, this can create a complex interplay between a tenant’s right to privacy and a landlord’s right to sell. Let’s dissect this intricate balance, offering both tenants and landlords a clearer roadmap for such situations.

The Sanctity of Home: A Tenant’s Perspective

For tenants, a rented property is more than just a building—it’s a home. Florida law acknowledges this sentiment by ensuring tenants are granted certain rights. One of these rights is the expectation of privacy. While a landlord owns the property, they can’t arbitrarily invade a tenant’s space. Any entry into the rented premises, especially for showings, requires prior notice. This notice period, often 24 hours but sometimes longer, is typically enshrined in the lease agreement. It’s not just a matter of legal compliance; it’s about respecting the tenant’s personal space and daily routines.

The Business of Selling: A Landlord’s Perspective

From a landlord’s viewpoint, selling a property is a significant financial decision. Whether driven by market conditions, personal finances, or investment strategies, landlords have a vested interest in showcasing their property in the best light to potential buyers. However, this business endeavor must be balanced against the rights of the tenant. Providing written notice, adhering to the stipulated notice period, and being flexible with showing times are not just legal obligations but also gestures of goodwill.

Finding Middle Ground: Collaboration and Communication

Open dialogue can mitigate many potential conflicts. Tenants might consider specifying particular “showing windows” that align with their schedules. Landlords, in turn, can offer incentives or rent reductions for the inconvenience caused by frequent showings. Such collaborative approaches can transform a potentially contentious situation into a win-win for both parties.

Legal Recourse and Protections

While collaboration is ideal, disputes can arise. Tenants feeling that their rights are infringed upon should first consult their lease, the primary legal document governing the landlord-tenant relationship. If issues persist, seeking counsel from an attorney specializing in Florida’s landlord/tenant laws can offer clarity and potential remedies. Landlords, too, should be proactive in understanding their legal obligations to avoid potential litigation.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Conclusion

The sale of a rented property in Florida presents unique challenges, necessitating a delicate balance between tenant rights and landlord objectives. Through understanding, communication, and a spirit of cooperation, both parties can navigate this journey with minimal friction and mutual respect.

This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at floridarealestatelawyer.org.

If you are renting a home in Florida, and you find out the owner of the house is being foreclosed upon, you are not permitted to stop making payments to the landlord. The foreclosure process in Florida is often a long and drawn out one, which means it could take a year or more for the bank to actually take the house back from the property owner. This means, your landlord can evict you for nonpayment of rent, even if that landlord is not paying the mortgage on the house you are renting. In some cases, a tenant can make payments directly to the bank in order to avoid being forced out of the property when the foreclosure date actually arrives. However, this is usually only permitted when the foreclosure has been complete and the landlord no longer has rights to the property.

Talk to an attorney as soon as you get notice that the house you are living in is in danger of foreclosure. A lawyer experienced in Florida foreclosure law can help you ensure your rights as a tenant are being protected. Unless you are able to reach a deal directly with the mortgage company to continue renting, you should not stop paying your landlord, otherwise you could face eviction. The situation will depend completely on the state of foreclosure that the property is in. If it is in the early stages, the embattled landlord will probably still be the legal owner of the property you are occupying for a while. Not paying the rent will only cause additional problems for you. Stephen K. Hachey, a Florida real estate attorney, can help you weigh through your options. To receive a free consultation, contact our offices at 813-549-0096.

This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.