Rent Increase in Florida: When and How To Handle it.

Every landlord and tenant in Florida should be familiar with the Florida Landlord and Tenant Act since it is the statute that stipulates what can or can't be done and the tenants and landlords' rights. Understanding the statute could be a bit overwhelming. Therefore, it is recommended that both parties consult a legal counsel, at least the first time when you become either a landlord or a tenant to avoid legal issues. If you don't have an attorney, you can contact The Florida Bar Referral Service or visit our list of vendors for a local referral.

As real estate licensees, we are required to provide you with the Landlord and Tenant Act for your review but we can not explain or interpret the law for you since we are not attorneys and it would be outside the scope of our licenses and knowledge. The content in this article is for information only.

What Is A Lease?

The terms "rent" and "lease" are both usually used with the same connotation but it is important that you know the difference. Here is a simple explanation from an article in The Florida Bar

If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a "lease".

You must know that, even when there is no lease in place, both landlords and tenants have duties and responsibility with each other and with the property. 

When Can a Landlord Increase The Rent?

Florida state law does not limit the amount that a landlord can increase the rent. However, on a fixed-term lease, the rent can not be increased until the lease expires. On a month-to-month lease, the rent can be increased at any time—as long as 15 days’ notice is given before your next payment is due. 

Except for a handful of buildings in Brickell that allow short term rentals, the vast majority of leases in Brickell Miami are annual leases. 

How much can landlords raise the rent?

There are no rent control laws in Florida. Landlords can raise the rent by as much as they want, as long as advance notice of the increase is given. However, Brickell is a neighborhood with more than a hundred buildings in one square mile, most of which are high-rises. Although the demand for housing is extremely high, so is the inventory... landlords must compete to avoid vacancies.

More often than not, landlords in Brickell opt for not increasing the rent to a known tenant with a good payment record than increasing the rent at the risk of losing a good tenant. Even if they have to raise the rent because their HOA or taxes went up, if you have been a good tenant, chances are that the increase will be minimal.

How much notice has to be given before raising the rent?

It depends on the terms of the tenancy. On a month-to-month tenancy, landlords have to give you a minimum of 15 days’ written notice prior to changing any terms of the lease agreement, including termination and rent increase. On a week-to-week tenancy, only seven day's written notice is required.¹

For a fixed-term lease, (ex. a year lease with specific starting and ending date) the answer is a little more complicated. Florida State laws don’t directly address how much notice a landlord has to give a tenant before increasing the rent. Lease agreements most likely stipulate how much notice must be given by either party to terminate the tenancy instead of renewing it but it may or may not stipulate terms for rent increase.

In Brickell specifically, most condo associations have rental restrictions that include a minimum rental period of 365 days. Therefore most lease agreements are for a year. Landlords can not increase the rent while a fixed-term lease is in effect. Rent can only be raised by replacing the old lease with a new one at the end of the lease term if both parties agree to higher rental payment. You can assume that the notice period for ending a lease is the same as the notice period for increasing your rent.

What counts as “notice” according to Florida law?

“Notice” means a physical letter, either mailed or personally delivered to the tenant. It can be dropped off at the residence if there is no one in person to accept it.²

Either if you are a tenant or a landlord and have questions about rent increase, you can call us for a free consultation at 305-400-2072. We'll be happy to assist you.