Florida Rent Increase Laws: What the Law Allows (2026)

Florida rent increase laws, October 2026: no cap or rent control, no set notice for a raise, 30 days to end month-to-month, and when a raise is illegal.

Florida rent increase laws don't cap how much rent can rise. Cities and counties are barred from adopting rent control (sections 125.0103 and 166.043 of the Florida Statutes), and the state's landlord-tenant act sets no specific notice period for an increase. A landlord can set a new rent at renewal, but can't raise it to retaliate or discriminate.

This guide explains the limits that do exist as of October 2026, from the 2026 Florida Statutes read on the Florida Legislature's website on October 13, 2026, and what you can do when a renewal offer comes in higher. The rules are statewide, so they're the same in Miami-Dade, Broward and Palm Beach counties. For the rest of the law, see our guide to Florida landlord-tenant law; for the whole renting process, our complete guide to renting in Miami and South Florida.

Is there rent control in Florida?

No. Section 125.0103(2) for counties and section 166.043(2) for cities say that no municipality, county or other local government may adopt or maintain any law, ordinance, rule or other measure that would have the effect of imposing controls on rents. Local governments can still use land-use tools, such as inclusionary housing ordinances, to increase the supply of affordable housing (subsection (3) of each).

Before July 1, 2023, Florida allowed local rent control only in a narrow case. The local government had to find a housing emergency so grave that it was a serious menace to the public, voters had to approve the measure, and it expired after one year unless readopted the same way. Even then, seasonal and tourist units, second homes and luxury apartment buildings were exempt. The Live Local Act (CS/SB 102, chapter 2023-17) deleted that path, so no local option is left.

Can a landlord raise the rent during a lease in Florida?

Part II of chapter 83, the Florida Residential Landlord and Tenant Act, has no provision that lets a landlord change the rent in the middle of a fixed-term lease. The rent is what your lease says, including any clause in it about changes, and the act counts amendments and addenda as part of the rental agreement (section 83.43(13)). Read the rent section and every addendum before you sign, and don't sign an amendment you don't agree with.

Watch what the lease calls "rent". The act defines rent as the periodic payments for occupancy plus any other payment the written lease designates as rent (section 83.43(12)), so a fee labeled as rent is treated as rent under the act, including for a 3-day notice for unpaid rent.

When the lease ends, the landlord can offer a renewal at a new rent. Florida law treats a renewal as a new rental agreement, and a deposit carried forward as a new deposit (section 83.49(6)).

How much notice does a Florida landlord have to give for a rent increase?

Chapter 83 doesn't set a separate notice period for a rent increase. Part II mentions rent increases only in its retaliation section (section 83.64). What it does set are the notice periods for ending a tenancy:

A statewide notice rule was proposed but not enacted. In 2023, the Senate version of the preemption bill would have required at least 60 days' notice before a rent increase of 5 percent or more, the Miami Herald reported. The law that passed, CS/HB 1417, doesn't include it: it created section 83.425 and changed only sections 83.57 and 83.575.

Local notice rules are gone as well. CBS Miami reported that tenant ordinances in counties including Miami-Dade and Broward dealt with notices about rent increases and fees. Since July 1, 2023, section 83.425 preempts local rules on matters Part II covers, naming notice requirements and fees charged by the landlord, and the Florida Senate's summary of the law says it renders such local ordinances null and void.

When is a rent increase illegal in Florida?

• Retaliation. Section 83.64 makes it unlawful to discriminatorily raise a tenant's rent mainly to retaliate for acting in good faith, for example complaining to a code enforcement agency, organizing or joining a tenant organization, sending the landlord a repair notice under section 83.56(1), or exercising fair housing rights. "Discriminatorily" means you're treated differently from other tenants on rent, services or the action taken. You can raise retaliation as a defense to an eviction, but it fails if the landlord proves good cause, such as nonpayment.
• Discrimination. The Florida Fair Housing Act makes it unlawful to discriminate in the terms, conditions or privileges of renting a dwelling because of race, color, national origin, sex, disability, familial status or religion (section 760.23(2)).
• Price gouging after a declared emergency. Once the Governor declares a state of emergency, renting or offering to rent, at an unconscionable price, a dwelling unit needed for habitation as a direct result of the emergency is unlawful in the declared area (section 501.160(2)(b)). A gross disparity from the average rent in the 30 days before the declaration is prima facie evidence of an unconscionable price, unless the increase comes from added costs or market trends. The ban lasts up to 60 days unless the Governor extends it, and it's enforced by state attorneys and the Department of Legal Affairs, not through private lawsuits.

Can a landlord add fees instead of raising the rent?

Part II doesn't cap landlord fees, and section 83.425 bars local governments from regulating them. Fees can make a big difference to what you pay: in our October 2026 research, required monthly fees added a median of about $71 to base rent at the 39 South Florida buildings that publish both a base rent and a total monthly price. Our guide to fees beyond rent breaks them down.

One fee is locked in. If you pay a fee in lieu of a security deposit, the written agreement must state the amount, and that amount can't go up during the lease (section 83.491(4)(a)). Deposits themselves are covered in our Florida security deposit law guide.

How fast are rents rising in South Florida?

Slowly, by the official measure. In the Bureau of Labor Statistics' Consumer Price Index for the Miami-Fort Lauderdale-West Palm Beach area, the rent index rose 2.4 percent in the 12 months to August 2026, less than the 3.7 percent rise in overall prices. That index covers all rentals in the area, old and new. Those were the latest figures when we checked on October 13, 2026; the October figures were due November 10, 2026.

New buildings are competing for tenants, too. On October 13, 2026, at least 105 of the 388 leasing or lease-up buildings in MiaRent's research advertised free rent or a similar concession, including 10 of the 21 in Midtown/Wynwood. Those offers are for new leases, not renewals, but they show what you could pay elsewhere.

What can you do when your rent goes up?

• Get the renewal offer in writing, with the new rent, the lease term and any change in required fees, and compare the total monthly cost, not just the rent.
• Compare it with what similar apartments ask now. Our area pages for Miami-Dade, Broward and Palm Beach counties list every rental building and its current starting rent.
• Ask about other lease lengths. A longer renewal keeps the rent in your lease for longer; a shorter one gives you an earlier exit, sometimes at a higher monthly price.
• Mind the dates. If you decide to leave, give the notice your lease requires, between 30 and 60 days (section 83.575), or 30 days on a month-to-month tenancy (section 83.57(3)). Staying after the lease ends without permission can cost double rent (section 83.58), and staying with permission without the required notice can cost an extra month (section 83.575(3)).
• Leaving mid-lease instead? See our guide on how to break a lease in Florida.
• If you think the increase is retaliation or discrimination, keep copies of your complaints, the landlord's notices and what other tenants were offered, and get legal advice.

This is general information, not legal advice.

Frequently asked questions

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

No. There's no statewide cap, and local governments are barred from adopting rent control (sections 125.0103(2) and 166.043(2)).

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

Chapter 83 sets no specific notice period for an increase. A month-to-month tenancy can be ended with 30 days' written notice before the end of a monthly period (section 83.57(3)), and a fixed-term lease can require 30 to 60 days' notice of non-renewal (section 83.575(1)).

Can Miami-Dade or Miami Beach pass rent control?

No. Since the Live Local Act took effect on July 1, 2023, no city, county or other local government in Florida may adopt or keep rent control, and section 83.425 also preempts local notice and fee rules.

Can my landlord raise my rent because I complained about repairs?

Not as retaliation. Section 83.64 makes it unlawful to discriminatorily raise rent mainly because you complained in good faith, and you can raise it as a defense to an eviction, unless the landlord shows good cause.

Can a landlord raise rent after a hurricane in Florida?

Not to an unconscionable level while a declared state of emergency's price-gouging ban is in effect, for housing needed as a direct result of the emergency (section 501.160). The ban lasts up to 60 days unless the Governor extends it.

Where can I get help with a rent increase dispute?

The Florida Bar's Lawyer Referral Service (800-342-8011) offers a 30-minute consultation with a lawyer for no more than $25. Bring your lease, the renewal offer and any notices.