has no rent control laws, but that doesn’t mean your landlord can raise your rent at any time for any reason. If you’re on a fixed-term (e.g. year-long) lease, the landlord can raise your rent by any amount, but only when the lease ends.

Rents are on the rise across the country, and nowhere are the spikes higher than in New York, New Jersey, and sunny Florida. If you’re looking at an unexpected rent increase, you might be wondering: how am I going to manage this expense—and is it even legal?

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How much can a landlord raise rent in Florida?

There is no legal limit to how much your landlord can raise your rent in Florida.

That’s right—unlike New Jersey and New York, which put specific caps on how much your rent can go up each year, Florida doesn’t have any rent control laws. If your landlord decides to ask for $2,500 a month next year instead of $1,500, there’s no legal restriction stopping them.

Before you panic, keep this in mind: most landlords are unlikely to institute dramatic rent increases simply because they want more money. Although the rental market is steadily driving rent up across the board, landlords still need to stay within the boundaries of the market to avoid losing tenants.

In addition, if you’re on a fixed-term lease, your landlord can only raise your rent at the end of the lease term. That means that if your lease isn’t set to expire until June, your landlord can’t ask you to pay more in April and May.

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How much notice does a landlord need to give before they raise the rent?

Florida law requires landlords to give written notice to tenants of any rental increase. That notice must take the form of a physical letter delivered to you, and it must include the following information:

How much the rent will increase by

When the increase will take effect

How tenants can submit rental payments

For fixed-term leases, there’s no specific requirement for how much notice a landlord must give before a rent increase. If your landlord surprises you with a major rent hike with as little as a week’s notice, they might not be in violation of the law, but it’s a good idea to dig out your lease documents to see if they specify a period of notice. If you catch your landlord in violation of the lease, you’ll have cause to fight the rent increase and won’t be required to pay a higher rate until the case has been resolved.

On the other hand, if you rent month-to-month or even week-to-week, the law specifies the window of notice your landlord must give before a rent increase:

For month-to-month leases, the law requires notice of a rent increase 15 days in advance

For week-to-week leases, the law requires notice of a rent increase 7 days in advance

The same period of notice is required if your landlord decides to end your lease or make any other changes to the agreement.

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When is it illegal to raise rent in Florida?

In general, it’s perfectly legal for a Florida landlord to raise rents by any amount as long as they give sufficient notice. However, there are a few circumstances where raising rent is illegal:

As retaliation for tenants exercising their rights (e.g. forming a tenants’ union)

As discrimination based on race, color, national origin, sex, disability, familial status, or religion

If you suspect that your landlord is raising the rent in order to drive you out of the property on the basis of the above circumstances, you’ve got a legal case against them.

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How to respond to a rent increase

There are a few different ways to respond if your landlord increases your rent in Florida. First, of course, you can simply accept the higher rent and begin paying it when your previous lease expires. Other ways to deal with a rent hike include:

If you believe your landlord raised the rent as a form of retaliation or discrimination, you can hire a lawyer and take legal action against them.

If you believe your landlord violated the terms of the lease by not giving sufficient notice, you can file a lawsuit against the landlord.

If you’re not able to pay the higher rent but want to stay in the apartment, you can try to negotiate a lower rent with your landlord.

If the COVID-19 pandemic has affected your ability to pay a higher rate, check with

your local emergency rental assistance program (ERAP)

for resources.

How to save money to deal with a rent hike

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FAQs

Can my landlord raise my rent during the pandemic?

Florida doesn’t officially restrict your landlord’s right to raise rent during the COVID-19 pandemic. However, if you’re dealing with a rent increase you can’t handle due to the financial uncertainty of the COVID era,

look for a rental assistance program in your area

to help you navigate the situation.

What is the average rent increase per year in Florida?

Florida rent increases are slightly higher than the national average at around 14% per year. However, you’ll see a different average from city to city—for instance, rents in

Miami

rose by 38.6% from 2021 to 2022, and

Orlando

wasn’t far behind with an average of 19.9%.

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