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Frequently Asked Question: What Is The Limit On Raising Rent in Florida?

By
Real Estate Broker/Owner with Daytona Condo Realty, 386-405-4408

Here is the question that I have just received, and this questions comes quite often:

- I have a month-to-month tenant paying me $1,100. I want to have a one-year lease with monthly payments at $1,200. The tenant says the rent can’t go more 3% a year. What is the limit on raising the rent in Florida?

The right answer would be that the limit is set by the market. When market was going crazy, rents were high and were increasing every year. When the market collapsed many kept the rent flat and even reduced it.

You can only go with what the market will bear.

But back to the question. The tenant is there on a month-to-month lease, so what limitations on raising s/he is talking about? Here is the offer of $1,200 a month, you love it, sign the 1-year lease, you do not like it, you have 30 days to move. (actually, Florida Statutes require the notice in month-to-month tenancies to be no less than 15 days).

Basically, month-to-month means that you are not protected from the increases for longer than 30 days. This month it was this amount, but if you want to stay, it is this amount thereafter, and if you do not like it, here is your 15-day Notice.

This is the reason tenants prefer long-term leases. They have the protection. It is more benefit for the tenants than for landlords.

But tenant coming with this bogus claim of 3% cap on the increase is a clever tactics.

image of Jon Zolsky, FunCoast Realty* The discussion did not take into account the rent control ordinance set forth by a municipality or by the County.

Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Diana - But on rental properties there is no 3% CAP on property taxes. Am I missing something?

May 23, 2012 01:14 PM
I Pike
Ormond Beach, FL

Jon, for a few last years the rent went down here, but now it is going up. I think you are right about the market, that sets the limit.

May 23, 2012 01:21 PM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Jon - I meant the 3% cap on residential property taxes, you're right there being no 3% CAP on rental property tax.

What I am thinking is that someone told the tenant about the 3% cap on residential property taxes and the tenant either did not understand or is confused and thinks it also applies to rent.

I know what I'm trying to say but not sure if I explained it right - reading the FL Landlord/tenant law will do that to your brain...

 

 

May 23, 2012 01:37 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Inga - very true. Thanks

May 23, 2012 01:48 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Diana - I for some reason is more cynical here. I think it was a brilliant tactics to try to scare the guy into increasing only by 3 %. The trick here that the guy has a month-to-month lease, so there is no renewal. If he had a 1 year lease, then he willbe talking about the renewal, but with month-to-month lease it is not really the case.

May 23, 2012 01:50 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Few states or localities have rent control and as Jon indicates - the rental market will dictate the amount a tenant pays.

I've had 3 rental residents not renew their lease looking for CHEAPER housing and when they factor in the COST OF MOVING, they want to renew their lease with me! 

May 23, 2012 09:28 PM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Jon, 

Great Q & A post.  Rent can go up here as much as the market will bear.  Typically current tenants might see slighly less of an increase than some other new renters will see.  Keeping a good tenant makes sense for all and making it a win-win is a good thing for all. 

All the best, Michelle

May 23, 2012 10:58 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Wallace - absolutely. Getting angry about even $50 increase and moving can take 2 years to justify the move, leaving alone the hassle of moving

May 23, 2012 11:22 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Michelle - this is so true. It is often the decision Landlords make. Having a good tenenats can outweigh the benefit of more a bit higher rate. It can be a win-win situation.

May 23, 2012 11:24 PM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Jon - I misread the part about the MTM...you are 100% correct.

I have to give the guy points for creativity, though...what's that old expression "If you can't dazzle 'em with brilliance, baffle 'em with bu!!$h!t...

 

May 24, 2012 03:32 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Diana - it is an excellent lesson of colloquial English for me, an immigrant. I love these brilliant phrases, with so much sense in them. I will learn it, thank you so much.

And, I guess, it is exactly the case.

May 24, 2012 05:13 AM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Jon - I have a good friend who is also an immigrant and, while he speaks excellent English, we sometimes have a communication barrier when I lapse into American slang...makes for some interesting conversations...

 

May 25, 2012 02:53 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Diana - here on AR there was an excellent blogger and terrific guy from Fairbanks, Alaska, Jesse Clifton. unfortunately he is no longer posting here on AR, but he taught me some English. I was reading his blogs and comments like it was a lesson of English.

my problem that i do not remember these pearls, and need repeating them, but hey, they really add spice and color to the landguage, and I am missing so much of it. My Russian is still far superior in terms that I can express myself better.

Even after having lived here for 21 years already

Thank you

May 26, 2012 08:38 AM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Jon - I'm sure your English is way better than my Russian (which I don't speak at all)! You seem to have adapted very well to English as a second language...maybe some day we can meet and I will introduce you to my friend. I think you two have a lot in common.

 

May 28, 2012 02:26 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Diana - My Russian is better than yours? That's a consolation :)

Is your friend from Russia or USSR? I never checked your area, and turns out you are a neighbor. I guess it make the meeting quite within reach.

May 28, 2012 03:33 AM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Jon - That is what I used to tell my friend...he is actually from the Ukraine. I don't recall the exact location I think but he still feels a little like a stranger in a strange land sometimes so would probably love to meet a fellow countryman.

Yes, we are neighbors. I am just down the road from you, it is about 1-1/2 hour drive if you are a power driver. I am not but I used to have a business associate in your area who would come down this way for lunch occasionally. He always said it was an easy drive if you miss the rush hour traffic. We will have to work out details some day soon.

 

May 28, 2012 05:15 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

My mom was from the Ukraine, but after the war where she was a doctor at a military hospital, she did not return to Ukraine. Her parents (and my grandparents were burned alive by Nazi in their home with all other Jews from the village, so she never went back there.

Driving is not a big deal.We can make it happen.

May 28, 2012 05:27 AM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Let me get in touch with him and see how his schedule looks. I will drop you an email as soon as I talk with him. Thank you!

 

May 28, 2012 05:43 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Of course.

May 28, 2012 05:48 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Diana - BTW, there are plenty of compatriots around the area, especially in Palm Coast and Jacksonville (Miami certainly has the biggest chunk of Russians (and Ukrainians)

May 28, 2012 05:50 AM