When Can A Landlord Legally Raise Rent In Florida?
Over time, Florida has weathered a series of housing crises, occurring for several different reasons. As a result, rent prices have risen overall, but both landlords and tenants have become hyper-aware of their rights surrounding rent changes and increases. If you are a Florida landlord, you must know the relevant laws before attempting to raise a tenant’s rent. If you do not, the tenant may have the right to terminate the lease or seek other forms of monetary relief.
Complex – But Not Contradictory – Regulations
The current state of Florida law surrounding landlords’ right to increase rent can be difficult for new tenants to understand. Florida does not have rent control laws – in fact, it actively bars price controls of this kind. As a result, a landlord can, in theory, raise rent for any reason that is not discriminatory or unlawful – but at the same time, they cannot do so during a tenancy. They can do so at the end of a tenancy, or before the next month’s rent is due on a month-to-month lease as long as sufficient notice (anywhere from 7 to 60 days) is provided.
If you raise the rent for a reason that is perceived as discriminatory or retaliatory, the tenant has the right to file a claim under either Florida’s or the federal Fair Housing Act (FHA). Keep in mind that in addition to the protected classes in the FHA, some municipalities in Florida, such as Miami-Dade County, include additional classes such as being the actual or perceived victim of domestic violence.
Good Faith Still Matters
In addition to the timing of a rent increase, there is often confusion and contention over amounts. Florida law does not impose a limit on how much a landlord can increase rent at any one moment, but it is also true that a landlord who attempts to raise rent to an amount that is not in keeping with market prices will likely be seen as acting in bad faith. A reasonable person would conclude that a landlord that triples rent on a dwelling, for example, either knows or does not care as to whether their current tenants can pay that amount.
In general, a landlord and tenant both must prioritize good faith and fair dealing when negotiating with each other, and a disproportionately large increase in rent costs may infringe on that precept. Because these cases are so context-dependent, however, it is generally best to consult a landlord-tenant attorney if you are planning to raise the rent at the end of your tenant’s current term.
Call A Tampa Landlord-Tenant Attorney
Given the fluctuations in Florida’s economy and housing market, it is not unreasonable for many landlords to want to raise rent to keep it more in line with market pricing. However, any increase must still follow proper legal procedure. If you have questions or concerns about raising rent on your properties, a Tampa landlord-tenant attorney from the Seward Law Office may be able to assist. Contact our office today to schedule a consultation.
Source:
miami.gov/My-Government/Departments/Housing-Community-Development/Fair-Housing#:~:text=These%20protected%20classes%20are%20as%20follows:%20race,%20color,,dating%20violence%20or%20stalking,%20and/or%20source%20of%20income.
