Florida Landlord-Tenant Laws on a Rent Increase
To raise rent in Florida, landlords must carefully follow Florida's landlord-tenant laws to avoid being sued by tenants for illegal evictions. Although Florida allows landlords to enter into written and oral lease agreements, landlords who raise their rental fees without proper notice cannot require tenants to vacate their premises.
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Lease Obligations
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Florida landlords that enter into written agreements with their tenants may not raise a tenant's rent during the entire lease term, unless the landlord inserts a specific provision in the lease agreement allowing it. However, even if the landlord's lease agreement permits the landlord to raise the rent during the tenancy, the landlord must still provide adequate notice of the increase before raising the rent. Landlords with oral contracts may raise the rent at will, unless the landlord made an agreement not to raise it during the tenancy.
Notice
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The landlord must provide the tenant with written notice of the landlord's intent to raise the rent. Under Florida law, all notices must be in writing, even if the underlying contract is an oral agreement. The notice must be provided to the tenant at least 60 days before the landlord's rental increase may take effect if the tenant signed a year-to-year lease agreement. For month-to-month tenants, the landlord must provide 15 days' notice. Weekly tenants must have seven days' notice prior to increasing the rent.
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Option to Move or Renew the Lease
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For both written and oral leases that permit landlords to raise rent, landlords must provide their tenants with an option to terminate the tenancy if the tenant does not agree to pay the new rental rate. If the tenant agrees to pay the new rate, then the landlord may require the tenant to sign a new agreement if the previous agreement expired. Otherwise, if the tenant pays the new rental amount, then the landlord may consider the tenant a month-to-month tenant. Landlords may end monthly tenancies with the same notice rules for raising the rent. For monthly tenants, landlords may terminate the tenancy with 15 days' notice.
Remaining
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If the tenant decides not to move out but does not pay the landlord the new rental payment, then the landlord may sue the tenant, as long as the landlord was legally allowed to raise the rental rate, provided written notice and provided the tenant with an option to terminate the tenancy and leave the rental unit. Nonpayment of rent evictions require a different set of notice requirements to allow the tenant to respond, pay and stay. To evict the tenant legally, landlords must obtain an order for a Writ of Possession in court. This allows a sheriff to evict the tenant after providing notice that the tenant will be forcefully evicted within 24 hours if the tenant does not voluntarily leave before then.
Considerations
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Because eviction laws frequently change, it is advisable to seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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