The Basics of Rent Increase Notices Under Florida Law
In the Sunshine State, there is no law that prohibits landlords from raising the rent at any time. No matter if you’re renting a suite at a boutique hotel in Miami Beach or in a cozy studio in historic St. Augustine, your landlord can increase your rent virtually any time of the year.
While this is technically true, what Florida law does demand is that landlords provide appropriate notice for a rent increase – the length of the notice is dependent on how often the rent is due.
As a general rule, if you’re paying rent monthly, landlords only need to provide 15 days’ notice. For rent due weekly , they are only required to provide seven days’ notice. And if you’re even renting by the hour, a mere two-hour notice is required before the increase.
As for the size of the increase, there are no regulations in the State of Florida that limit the amount of a rent increase when you sign a new lease. When it comes to existing tenants, however, landlords are not allowed to increase the rent when the lease agreement is still in effect. In the event that you have a month-to-month lease, the landlord must provide you with the same 15-day notice of any increase.
Amount of Notice for a Rent Increase
The required notice period a landlord must provide before officially increasing the rent, for a residential property, is set by Florida law. An apartment lease often provides a specific notification period with which the landlord must comply. For instance, a lease may require that you be notified 30 or 60 days prior to the intended increase. Florida law does require that the landlord provide at least 15 days’ advance notice in writing, depending on the type of lease.
• If the residential lease is for a year or more, the landlord must give you notice at least 60 days before the increased rates go into effect (the statute says 60 days before the expiration of the lease period).
• If it is a lease for a month-to-month term, you must be given at least 15 days’ written notice of the increased rent.
• If you have a week-to-week lease, you must be given at least seven days’ notice of the increased rate.
Notice of the rent increase must be in writing and specifically state the new rent amount and the date it is effective.
How a Rent Increase Notice Must be Served
The procedure for serving a rent increase notice in compliance with Florida law requires the use of the post office and can be time-consuming, but it is neither difficult nor exceptionally complicated. A landlord can hand a tenant a rent increase notice or mail it with appropriate postage directly to the tenant address. However, while either method will theoretically satisfy the requirement of serving the notice, neither is a good idea. First, if it is personally handed to the tenant, the landlord may have to testify as to his or her recollection of the precise words used. This is not a recommended litigation course due to the problems inherent with this type of testimony, and generally, the tenant will vigorously dispute any recollection. Second, the law requires that the notice be in writing and there are very strict requirements for what must be in the notice and the burden for proving it was actually served generally lies with the landlord. See Florida Statute 83.46.
The Florida Residential Landlord and Tenant Act (the "Statute") provides that the notice must be mailed, with first class postage prepaid, to the tenant at the actual premises rented by the tenant. Furthermore, the statute prohibits the subtenants from mailing a rent increase notice to the tenant. Certainly, the law permits more than one method of serving the notice, but if the landlord has no other real reason for mailing the notice by regular mail, then doing so will suffice as providing the tenant with the mandated rent increase notice. In any event, the landlord must strictly comply with the Statute requirements and even after compliance there is no guarantee that the notice will be considered properly served. Moreover, regardless of the notice being hand delivered or personally mailed, the tenant will often deny receiving it. The landlord should document, in writing, which method of service was used. It is also recommended that the landlord document the basis for determining the date of the increase notice. For example, if the notice was mailed using first class postage, then the landlord should document the date it was mailed or get an affidavit from the person who mailed it. Alternatively, if a notice is hand delivered to the tenant or to any adult at the leased premises, it is recommended that the landlord have the person receiving the rent increase notice sign for it. The landlord should keep this on file along with a copy of the rent increase notice. Of course, if the landlord is able to hand deliver or personally mail the notice with proof of delivery, that is the preferred method because it is very difficult for the tenant to deny that they did not receive a timely rent increase notice.
Tenant Rights in a Rent Increase Situation
When tenants receive a written notice of rent increase that is effective at least 15 days from the date of the notice, the tenants have at least two options under the law to respond to the notice. Florida law gives the tenant the right to accept the increased rent or to give written notice to the landlord requirements. The minimum notice that the tenants can give to the landlord is 1 week from the date the notice is delivered.
The scenario discussed above in which the tenant gets a letter signed by the landlord stating that the rent will increase as of a certain date in the future requires the tenant to look at the situation closely. When the landlord sends the letter, the language in the letter must be carefully analyzed to determine whether it is a notice of rent increase or a notice of termination of the lease. If the letter is determined to be a notice of rent increase, then the tenant has the choice of either accepting the rent increase or giving the landlord written notice of rejection of the new rent amount. If the landlord decides to raise the rental amount after the tenant has rejected the increase and the tenant moves out , the landlord cannot sue successfully for non-payment of rent until after the expiration of the lease term. It is important that the notice of rejection be delivered within the time frame provided in the lease agreement.
If the letter is determined to be a notice of termination of the lease (thinking here of a residential lease), then the landlord is required under the law to wait until the termination date specified in the termination notice to file suit for non-payment of rent. The tenant then has the option of moving out or remaining in the premises. If the tenant remains in the premises after the expiration of the lease term and subsequent suit is filed by the landlord for non-payment of rent, the court will most likely find against the tenant for actual rent due (sometimes called "use and occupancy") for the time period from the expiration of the lease to the time the tenant vacates.
Common Errors and Legal Risks with Rent Increases
While the legal language required in a rent increase notice is clearly defined, some landlords misunderstand what must be included, leading to potential legal difficulties. Here are some of the common pitfalls:
Failing to Provide the Appropriate Notice
Failing to send an appropriate notice to a tenant that complies with statutory rules, or setting the effective date of the increase too soon, can endanger the landlord’s right to receive the increased rent. We strongly recommend sending the rent increase notice by certified mail, return-receipt requested to ensure that a tenant receives the rent increase notice and to prove that it was sent.
Not Consulting with a Lawyer
Some landlords attempt to DIY their own rent increase notices. This is very risky! The notice needs to include terms that are very specific under Florida law and if it is not worded correctly by a lawyer, again, the landlord could end up jeopardizing its rights.
Choosing an Effective Date that Jumps the Due Dates for Rent
For a quarterly lease with rent due January 1, April 1, July 1 and October 1, a landlord may think that increasing the rent effective January 1 will be adequate. This is not correct, however. A notice of rent increase dated July 15, effective October 1, will extend the current rental period by 15 days but will not impact the next rental period. A correctly worded notice will explain that the rent increase will not be effective until a future date, so that the existing rental period can be extended until the new rental period begins.
Relying on a Notice with No Effective Date
Of course, you have to provide notice, but you should also specify when the increase will take effect. When you do this, you should be clear of the date. For example, a notice that is effective ten days from the date of the letter is not appropriate. No matter when the letter is actually received, an effective date of ten days from the letter date could allow the tenant to pay at a lower rent amount for almost a month after the notice is mailed. Unless a Florida statute requires such a short time, no landlord should send a notice of rent increase that gives the tenant ten days only.
Not Including the Remainder of the Original Lease Terms
If a tenant has nine months left on an 18 month lease term and receives a notice of rent increase effective June 1, nine months after receipt of the notice, then the tenant can remain in the premise through March of the following year, paying the increased rent amount, and without providing any notice to the landlord that he intends to leave early. If the notice of rent increase included the remainder of the lease terms, the landlord should be able to collect the security deposit from the tenant when the tenant leaves early. Without a mention of the remainder of the lease terms, the tenant can take the full amount of the security deposit, without penalty.
Frequently Asked Questions About Rent Increases in Florida
Are there any exceptions to Florida’s requirement for rent-increase notices? Except for rent increases during the first term of a tenancy, rent-increase notices are required under Florida law unless all of the following are true: • Your residential lease term is one year or longer. • Your current lease contains language that is similar to this: "Tenant shall pay rent in the amount of $____, which amount shall continue to apply without change throughout the term of this lease." • You are an owner of a mobile home park who owns the mobile home sold under your sales contract with the tenant/buyer. (This exception only applies if the Park Owner elects to lease the land under the mobile home to the tenant.)
How do rent increase notices affect long-term leases? A rent increase notice sent for leases longer than one year does not take effect until the original stated term expires . For example, if you send a rent increase notice for a new monthly rent effective June 01, 2030 to a tenant whose lease lasts indefinitely from a start date of January 01, 2025, the rent increase does not take effect until the original lease term expires in January of 2046.
Do rent increase notices apply when I am renewing a lease for a term longer than one year? When renewing a lease for a term longer than one year that needs to be signed by both the landlord and tenant, the notice must be given at least 60 days before the existing lease term expires.
Is there a rent increase notice form that I can use? There is no official state rent increase notice form. However, the wording above satisfies the statutory requirements of being in writing and being given at least 15 days before the rent increase date.
Can I send the notice by email? No. Florida’s rent-increase notice requirement is strict, and thus, cannot be sent by email. The notice must be sent by regular mail.