Florida Rent Increase Laws: How Much Can a Landlord Raise Rent?

This is not legal advice. Updated October 22, 2026. The rules below are the residential rent-increase framework in the 2026 Florida Statutes, checked against the Florida Senate statute pages and Online Sunshine. A lease clause, a subsidy contract, or a court order can change the result for a specific property. For that reading, use a Florida landlord-tenant lawyer.

Florida does not set a statewide dollar or percentage cap on private residential rent. What the statutes do set is the rent the parties already agreed to, the written notice required to end a tenancy that has no specific end date, and a ban on local rent control. The notice periods live in section 83.57. The local-rent-control ban lives in section 125.0103(2) and section 166.043(2). House Bill 1417 (2023) preempted local residential-tenancy rules, including notice requirements, and is the act that last changed the month-to-month termination notice.

If you already know the notice rule and need the pricing workflow, use the Florida rent increase strategy guide. This page is the legal backdrop for that decision.

Florida does not cap private rent

Section 83.46 is titled "Rent; duration of tenancies." It does not state a maximum increase. Unless the rental agreement says otherwise, rent is payable without demand or notice, periodic rent is payable at the beginning of each rent-payment period, and rent is uniformly apportionable from day to day. If the agreement does not state a duration, the duration follows the rent-payment period: weekly rent is week to week, monthly rent is month to month, quarterly rent is quarter to quarter, and yearly rent is year to year.

That is the whole statewide rule on the amount. A landlord may charge the rent in the agreement. A higher number requires a new agreement, or a clause in the current agreement that already allows the change. The history line of section 83.46 stops at chapter 93-255. No 2024, 2025, or 2026 chapter amended it.

Senate Bill 64 (2024) would have added a limit: no more than one increase in a 12-month period for the same tenant, and, beginning July 1, 2024, no increase over 30 percent of the current rent, with stated exceptions. The Senate record shows the bill died in Judiciary on March 8, 2024. It is not part of section 83.46.

Two narrow Florida rules sit beside that market-rate rule, and neither is a statewide cap:

• A renewal of an existing rental agreement is a new rental agreement, and a security deposit carried forward is a new security deposit, under section 83.49(6). The holding and return clocks for that deposit are a separate statute, covered in the Florida security deposit laws guide.
• Section 83.49(4) says the deposit statute does not apply when the amount of rent or deposit, or both, is regulated by law or by rules of a public body, including public housing authorities and federally administered or regulated housing programs (other than for rent stabilization). Where a program regulates the rent, that program's rules control the regulated amount. Chapter 83 does not publish a substitute percentage.

Section 83.44 adds that every rental agreement or duty in the residential part imposes an obligation of good faith in its performance or enforcement. Good faith is not a hidden percentage cap.

Notice periods in section 83.57

There is no Florida statute titled "rent increase notice." Section 83.57 is "Termination of tenancy without specific term." It covers a residential tenancy without a specific duration, as defined in section 83.46(2) or (3). Either party may terminate it by written notice, given in the manner provided in section 83.56(4), as follows:

The same periods are on Online Sunshine, section 83.57. The history line is "s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217; s. 2, ch. 2023-314." Nothing in 2024, 2025, or 2026 amended those day counts.

The month-to-month figure used to be 15 days. The 2022 Florida Statutes, section 83.57(3), say "not less than 15 days' notice prior to the end of any monthly period." HB 1417 became chapter 2023-314, effective July 1, 2023, and is the section 2 amendment in the current history line. The 2026 text says 30 days. A workflow that still uses 15 days for a residential month-to-month tenancy is using the 2022 statute.

For a periodic tenancy, the conservative approach is to give at least the section 83.57 notice before the end of the rental period and offer a new tenancy at the new rent. The statute does not create a second, shorter clock just for the dollar change, and it does not limit the new amount. If the tenant holds over without the landlord's permission after the rental agreement expires, section 83.58 allows the landlord to recover possession under section 83.59 and to recover double the rent due for the period the tenant refuses to surrender.

Rent that is actually due and unpaid can support a separate 3-day notice under section 83.56(3). The 3 days exclude Saturday, Sunday, and legal holidays, and those holidays are court-observed holidays only. That notice is for nonpayment. It is not the notice that raises the rent. The step-by-step possession timeline is in the Florida eviction process timeline.

How the notice has to be delivered

Section 83.57 borrows the delivery methods in section 83.56(4): mailing, delivering a true copy, emailing under section 83.505, or, if the tenant is absent from the premises, leaving a copy at the residence.

Email is allowed only when both sides have signed an addendum that specifically agrees to electronic delivery, each has provided a valid email address, and the addendum conspicuously says the election is voluntary and can be revoked or updated. Section 83.505 sets the addendum form. A notice sent that way is deemed delivered when it is sent, unless the email is returned as undeliverable. The sender must keep a copy of the notice and evidence of transmission. Revocation takes effect when the written revocation is delivered, and it does not undo a notice already sent. Section 83.505(6) still allows every other delivery method the law permits.

Fixed-term leases and renewal notice

A lease with a specific duration is not a section 83.57 tenancy. Section 83.46 does not authorize the landlord to replace the agreed rent in the middle of that term. Unless the rental agreement already provides for a change, a mid-term increase is an amendment both sides have to sign. The written lease requirements that sit around that agreement are covered in Florida lease agreement requirements.

At the end of the term, the landlord may offer a new agreement at a new rent. There is still no statutory percentage cap on that offer. Section 83.575 regulates nonrenewal notice, not the size of the next rent:

• The agreement may require the tenant to notify the landlord before vacating at the end of the term only if it also requires the landlord to notify the tenant, in the manner prescribed by section 83.56(4), within that same period if the agreement will not be renewed.
• The agreement may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord.
• If the agreement imposes liquidated damages for a tenant who fails to give the required notice, the landlord must give written notice of the tenant's obligation and the termination date, in the manner of section 83.56(4), within 15 days before the notification period starts. That written notice must list all fees, penalties, and other charges applicable under section 83.575(2). The 15 days is this reminder deadline. It is not the month-to-month termination period.
• If the tenant remains with the landlord's permission after the agreement ends and fails to give the section 83.57(3) notice, the tenant is liable for an additional one month's rent.

Section 3 of chapter 2023-314, the same HB 1417 act, added the "less than 30 days" floor in subsection (1) to the existing 60-day ceiling. Chapter 2025-16 later tied the delivery method to section 83.56(4). It did not change the 30-day floor or the 60-day ceiling.

If the renewal decision itself is the open question, the Florida lease renewal decision guide picks up after these clocks.

Local rent control is preempted

A city or county may not cap private residential rent. Section 125.0103(2) and section 166.043(2) each state that a municipality, county, or other entity of local government may not adopt or maintain any law, ordinance, rule, or other measure that would have the effect of imposing controls on rents. The same sentence is on Online Sunshine, section 125.0103.

Senate Bill 102 (2023), the Live Local Act, chapter 2023-17, is the chapter in that history line that deleted the older exception. Before that act, the 2022 text of section 125.0103 allowed a local rent-control measure only for a housing emergency so grave as to constitute a serious menace to the general public, required it to expire within one year, and required voter approval. The 2026 statutes do not contain that exception. Subsection (3) still allows a local measure adopted to increase the supply of affordable housing using land-use tools such as inclusionary housing ordinances. That subsection is not permission to cap rent.

HB 1417 did the other half of the 2023 preemption. It created section 83.425, effective July 1, 2023. The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under Part II are preempted to the state. The section supersedes local regulations on matters covered under that part, "including, but not limited to," screening, security deposits, rental applications and application fees, terms and conditions of rental agreements, landlord and tenant rights and responsibilities, disclosures, fees charged by the landlord, or notice requirements. The Online Sunshine text of section 83.425 matches the Senate page. Its history line is only "s. 1, ch. 2023-314." No later chapter has amended it.

A local ordinance that adds its own rent-increase notice period, or that caps the increase, is a local rule on a Part II subject. Section 83.425 says those local rules are superseded. The controlling residential clocks are sections 83.57 and 83.575, plus whatever notice the lease itself validly requires inside the statutory range.

The South Florida example is Miami-Dade County's 2022 Ordinance 22-30, which required 60 days' written notice before a residential rent increase of more than 5 percent. That is a local notice requirement on a Part II subject, the category section 83.425 supersedes as of July 1, 2023. If a dispute turns on a local ordinance, have a Florida landlord-tenant lawyer confirm how it applies.

What changed in 2024, 2025, and 2026

The day counts in section 83.57 did not change in these three sessions. The rent-control ban was not repealed. These are the enacted bills that touch the same neighborhood of the law, and what each one actually did.

2024. House Bill 179 became chapter 2024-27, effective July 1, 2024. It is a towing and storage bill. It is why the history lines of sections 125.0103 and 166.043 include chapter 2024-27. The rent-control sentence in each subsection (2) is still the flat prohibition quoted above. Senate Bill 64, the bill that would have capped increases, died in Judiciary on March 8, 2024.

2025. House Bill 615 became chapter 2025-16, effective July 1, 2025. It created section 83.505 and amended sections 83.56 and 83.575 so required notices can be emailed when the parties sign the voluntary addendum. It did not change the 7-, 30-, or 60-day periods in section 83.57. The history line of section 83.57 still ends at chapter 2023-314.

2026. House Bill 1293 became chapter 2026-143, effective October 1, 2026. It created section 817.537, fraudulent entry of a residential dwelling, and amended section 83.56(2)(a) so that conduct can be a noncompliance for which the landlord may terminate without a chance to cure. The bill's statute citations are 83.56 and 817.537. It did not amend sections 83.46, 83.57, 83.425, 125.0103, or 166.043. As of the 2026 Florida Statutes, the month-to-month termination notice is still 30 days, and local rent control is still prohibited.

Retaliation, fair housing, and other limits

The absence of a cap is not permission to pick the increase for a prohibited reason.

Section 83.64(1) makes it unlawful for a landlord to discriminatorily increase a tenant's rent, decrease services, or bring or threaten a possession action or other civil action, primarily because the landlord is retaliating against the tenant. The tenant must have acted in good faith to raise the defense. The statute's examples include, and are not limited to, a complaint to a government agency charged with enforcing a building, housing, or health code; organizing, encouraging, or participating in a tenant organization; a complaint to the landlord under section 83.56(1); a servicemember's termination under section 83.682; payment of rent to a condominium, cooperative, or homeowners' association after the association's demand, to cover the landlord's obligation; and exercise of rights under local, state, or federal fair housing laws.

The tenant may raise retaliatory conduct as a defense in a possession action. The section does not apply if the landlord proves the eviction is for good cause. The statute's examples of good cause include good-faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of this chapter. "Discrimination" in this section means the tenant is treated differently as to the rent charged, the services rendered, or the action the landlord takes. The statute does not create a presumption based on a set number of days.

Section 760.23, the Florida Fair Housing Act's rental provision, makes it unlawful to discriminate in the terms, conditions, or privileges of rental of a dwelling because of race, color, national origin, sex, disability, familial status, or religion. Familial-status protection includes a person who is pregnant or who is securing legal custody of a person under 18. A rent increase that changes terms because of one of those characteristics is a fair housing problem, not a pricing problem.

Section 83.67(3) separately says a landlord shall not discriminate against a servicemember in offering a dwelling unit or in any of the terms of the rental agreement.

The retaliation and servicemember rules above protect tenants, and the fair housing rules also protect applicants. A guest who is not a tenant is outside the Part II tenant protections. The distinction is covered in when a guest becomes a tenant.

Residential rules compared with nonresidential tenancies

Part II of chapter 83 is the Florida Residential Landlord and Tenant Act. Section 83.40 gives it that name, and the 2026 part runs through section 83.684. The notice table above is the residential table.

Section 83.001 says Part I applies to nonresidential tenancies and to tenancies not governed by Part II. A nonresidential tenancy at will is terminated under section 83.03:

The history line of section 83.03 stops at chapter 2003-5. The 15-day month-to-month period in that section is the nonresidential figure. It is not the residential figure.

Section 83.04 says that when a written tenancy of a limited term expires and the tenant holds over without a further written renewal, the holdover is a tenancy at sufferance. Payment or acceptance of rent alone is not a renewal. If the holdover continues with the lessor's written consent, it becomes a tenancy at will. A written commercial lease of a set term otherwise follows its own rent and escalation clauses. Part I does not add a percentage cap.

Frequently Asked Questions

Can a Florida landlord raise rent during a fixed-term lease?

Not as a unilateral change. Section 83.46 does not give the landlord a right to replace the agreed rent. Unless the rental agreement already allows an adjustment, the rent for that specific term stays the rent in the agreement, and a mid-term change needs a signed amendment. When the term ends, the landlord may offer a new agreement at a new rent. Section 83.575 can require 30 to 60 days' notice of nonrenewal when the lease contains a notice clause. It does not cap the renewal rent.

How much notice is required for a month-to-month rent increase in Florida?

Use the termination notice, because Florida has no separate rent-increase clock. For a residential month-to-month tenancy without a specific duration, section 83.57(3) requires written notice of not less than 30 days before the end of the monthly period. The 15-day residential figure is the 2022 statute. Deliver the notice by mail, by a true copy, by email only under a signed section 83.505 addendum, or by leaving a copy at the residence if the tenant is absent.

Is there a statewide limit on how much a Florida landlord can raise rent?

No. Section 83.46 states no dollar cap and no percentage cap, and no later session law added one. SB 64 (2024) proposed a 30 percent limit and died in committee. An increase still cannot be retaliatory under section 83.64 or discriminatory under section 760.23.

Can a Florida city or county still adopt rent control?

No. Sections 125.0103(2) and 166.043(2) prohibit any local measure that would impose controls on rents. SB 102 (2023) removed the grave-housing-emergency exception. Section 83.425, enacted by HB 1417, preempts local regulation of residential tenancies, including notice requirements and the terms of rental agreements. Local governments may still use land-use tools such as inclusionary housing ordinances under section 125.0103(3). That is not a rent cap.

Do commercial rent increases use the same notice periods?

No. Residential periodic tenancies use section 83.57, including 30 days for month to month. Nonresidential tenancies at will use section 83.03, including 15 days for month to month, 45 days for quarter to quarter, and 3 months for year to year. A written commercial lease of a fixed term follows the contract. Neither part sets a percentage cap on private rent.

What to do with the notice before it goes out

Match the tenancy first. A specific end date uses the lease and section 83.575. No specific end date uses section 83.57, and the residential month-to-month period is 30 days, not 15. Then confirm the delivery method, including whether a section 83.505 email addendum is actually signed. Price the renewal only after those clocks are right. The operating side of that choice, including vacancy cost, is the 2026 rent increase strategy guide.

Owners who want the notice calendar, the lease file, and the renewal offer handled as one workflow can look at property management for South Florida rentals, including Coral Gables and Pinecrest, or request a consultation. Broader Chapter 83 duties are outlined in the Florida landlord laws guide.

Sources checked

Statute text below is the 2026 Florida Statutes unless a year is stated. Bill pages are the Florida Senate record of what passed, what died, and the effective date.

• Fla. Stat. § 83.57 (2026) and Online Sunshine. Month-to-month notice is 30 days. History ends at ch. 2023-314.
• Fla. Stat. § 83.57 (2022). Month-to-month notice was 15 days.
• Fla. Stat. § 83.46, § 83.56, § 83.505, § 83.575, § 83.58, § 83.44, § 83.49, § 83.64, § 83.67.
• Fla. Stat. § 83.425 and Online Sunshine. HB 1417 (2023), chapter 2023-314, effective July 1, 2023.
• Fla. Stat. § 125.0103, Online Sunshine, and § 166.043. SB 102 (2023), chapter 2023-17.
• SB 64 (2024), died in Judiciary. HB 179 (2024), chapter 2024-27, towing and storage. HB 615 (2025), chapter 2025-16, effective July 1, 2025. HB 1293 (2026), chapter 2026-143, effective October 1, 2026.
• Fla. Stat. § 83.001, § 83.03, and § 83.04 for nonresidential tenancies. § 760.23 for fair housing.

WRITTEN BY Luis Marrero Partner, Incubate Property Management Luis is a partner of Incubate Property Management, a lethal marketer, and real estate investor. With years of experience in real estate and a knack for digital marketing, Luis is all about making property management hassle-free. Outside of work, you’ll find him exploring Miami, attending Formula 1 races, and spending time with his Chihuahua, Cici.

Legal disclaimer

The information in this article is for general information only. It is not legal advice, and it is not a legal opinion about a particular lease, property, or tenancy. Incubate Property Management does not guarantee that the summary will stay complete after future legislation, and it is not liable for losses or damages that result from relying on it.