Landlord's Rights to Raise Rent in Florida
Florida Statutes Section 83 governs the landlord and tenant transactions within the state. Landlords may enter into both written and oral lease agreements with their tenants, but they must provide their tenants with written notice before terminating their lease agreements, raising rent or filing eviction suits. Florida law allows landlords to raise rent if their written leases provide them with the right to increase within the lease term.
Written Lease Agreements
Landlords who enter into a written lease agreement cannot raise their tenants' rent during the term of the agreement unless they specifically included a provision allowing them to raise rent. The lease agreement should state the amount of notice a landlord must provide prior to raising rent. At a minimum, Florida law requires they provide at least 15 days' prior written notice before raising rent for a monthly tenant. For tenants with weekly tenancies, landlords must give them at least seven days' written notice of an impending rent increase. Tenants with one-year agreement are entitled to at least two months of notice.
Oral Lease Agreements
Landlords may generally raise rent if they entered into oral agreements with their tenants but must provide them with the same amount of written notice and option to leave as the state requires for written agreements. A landlord may not raise a tenant's rent if he specifically agreed not to, but the tenant must be able to prove the existence of such agreement. Proving a verbal agreement existed to keep the rent at the same amount is generally a difficult burden to meet.
Tenants' Rights
Florida law allows tenants the right to end their lease agreement if they do not agree to the new fee. If they agree to pay the increased rental fee, they may be required to execute a new lease. If they refuse and do not exercise their rights to terminate, their landlords may file a suit for eviction after providing written notice to vacate. To legally terminate a lease agreement, a landlord must provide his tenant with written notice of termination before filing an eviction suit. Termination requires landlords to provide the same amount of notice as raising rent requires.
Exercising the Right to Terminate
Terminating the tenancy based on refusal to pay rent requires the tenant to provide written notice to her landlord. If she fails to provide her landlord with written notice within the mandatory time frame, her landlord can sue her for remaining rent. Although many other jurisdictions require landlords to mitigate their damages when tenants move by attempting to rent their property, Florida does not. Under Florida law, landlords do not have a legal obligation to find new tenants when tenants move earlier than allowed by their lease agreement. However, landlords who evict their tenants for failing to pay rent have an obligation to make a good faith or reasonable effort to locate a new tenant to replace the evicted tenant. The landlord's good faith effort does not require him to place a priority on that unit.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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