Rent takes a large share of renter income in the Orlando metro area. The median gross rent across the Orlando, Kissimmee, and Sanford metro is $1,760 a month, and the median renter household earns $57,872 a year, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Orlando dataset, Table B25064; Table B25119). That median rent equals about 36.5 percent of the median renter household’s gross monthly income, above the 30 percent level commonly used to measure cost burden.
When a renewal letter arrives with a higher number, Orlando renters want to know three things: whether the increase is legal, how much notice they are owed, and what leverage they have. This guide answers each question under current Florida law.
Homzora is a housing research publisher, not a law firm. This article explains Florida law in plain English and is not legal advice for your situation.
Question one: is the increase legal?
In almost every case, yes. Florida does not cap rent increases, and since July 1, 2023, local governments have had no authority to adopt or maintain rent controls. Senate Bill 102 deleted that authority (Florida Senate, SB 102 (2023), Chapter 2023-17). Section 83.425, also enacted in 2023, preempts local regulation of the landlord and tenant relationship, including lease terms, fees, and notice requirements (Fla. Stat. § 83.425). Reporting at the time noted that Orange County’s tenant ordinance was among the local measures affected (Florida Phoenix, April 25, 2023).
The exceptions
An increase can be unlawful in two situations:
- Retaliation. A landlord may not discriminatorily increase rent or decrease services, or bring or threaten an action for possession, primarily in retaliation for a tenant’s good faith protected actions, such as complaining to a government agency about a code violation, complaining to the landlord under Section 83.56(1), participating in a tenant organization, or exercising fair housing rights (§ 83.64).
- Discrimination. Rent terms may not be set or changed because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604).
A mid lease increase can also be a breach of contract if your lease fixes the rent for the term and does not allow changes.
Question two: how much notice are you owed?
Fixed term leases
Florida does not set a specific notice period for a rent increase at renewal, but it regulates end of term notice. If your lease requires notice before the end of the term, it may not require less than 30 days’ or more than 60 days’ notice, and the same limits apply to the landlord, who must give notice within that period if the agreement will not be renewed (§ 83.575). In practice, renewal offers with new rent usually arrive in that window.
Month to month
Either party may end a month to month tenancy with at least 30 days’ notice before the end of any monthly period (§ 83.57). That gives month to month landlords the practical ability to change rent with about a month’s notice.
The holdover trap
If you remain after the lease ends with the landlord’s consent and without giving notice your lease requires, you can be liable for an additional month’s rent (§ 83.575). Respond to the renewal offer before your notice deadline.
Question three: what leverage do you have?
The landlord’s turnover costs
Every move out costs a landlord cleaning, repairs, marketing, and vacant days. In a metro with about 377,600 renter households (Table B25003), many large communities compete for residents with move in specials. A reliable resident is worth keeping, and that is real leverage.
Market comparisons
Gather three to five current listings for similar units nearby, with dates and any concessions. The Census median of $1,760 is a long run reference, not a current asking rent, but it can help you judge whether an offer is out of line.
The fee in lieu of deposit question
If you are considering moving instead of renewing, remember that Florida allows landlords to offer a fee in lieu of a security deposit, but you may choose a regular deposit at any time, and the landlord must disclose whether the fee is refundable (§ 83.491). Include those costs when you compare staying with leaving.
Late fees in Orlando
Florida’s residential landlord and tenant statute does not cap late fees, so the amount comes from your lease. The statute requires a written three day demand, excluding weekends and court observed legal holidays, before a landlord may terminate for nonpayment (§ 83.56(3)).
Your affordability math
At the metro median renter income of $57,872, 30 percent of gross income is about $1,447 a month. A unit at the median rent of $1,760 is roughly $313 a month above that line. Run the same calculation with your own income and the proposed new rent before you decide.
A renewal response that works
Hello, thank you for the renewal offer for unit [number]. I would like to stay. The proposed rent of [amount] is higher than comparable units nearby, which are listed at [amounts], several with move in specials. I have paid on time throughout my lease. Would you consider [specific amount] for a [length] lease, or matching the current new resident special? I would appreciate a reply by 2026 so I can meet my notice deadline. Thank you, [name].
Help in Central Florida
FloridaLawHelp.org lists free legal aid organizations serving Orange, Osceola, and Seminole counties (FloridaLawHelp.org). HUD accepts fair housing complaints (HUD, File a Complaint).
A 90 day renewal timeline
| When | What to do |
|---|---|
| 90 days before your lease ends | Find your lease’s notice requirement and mark it on your calendar. Florida limits it to between 30 and 60 days (§ 83.575). |
| 75 days before | Ask the office whether renewal pricing is available. Start collecting dated listings for comparable units. |
| When the offer arrives | Read every line, including fees, and compare the total monthly cost with your current lease. |
| Within a few days | Send a specific written counteroffer. |
| Before your notice deadline | Sign the renewal or give written notice that you will leave, so you do not risk holdover liability (§ 83.575). |
Read the renewal offer line by line
A renewal offer is more than a rent number. Look for changes to parking, pet rent, trash, pest control, amenity fees, utility billing, renter’s insurance requirements, and the late fee clause. Because Florida’s statute does not cap late fees, a change to that clause in a renewal can matter as much as the rent itself. Ask for a written comparison of your current total monthly cost and the proposed total.
If you cannot afford the increase
- Ask for a shorter or longer term. Some landlords price terms differently, and the cheapest term may not be twelve months.
- Ask about a smaller or different unit in the same community.
- Consider a roommate, but only with the landlord’s written approval under your lease.
- Contact 211 to ask about local rental assistance programs in your county (211.org).
- Give notice on time if you decide to move, so you leave on your own schedule.
At the Orlando median gross rent of $1,760, a 5 percent increase adds about $88 a month, or about $1,056 over a year. Putting the increase in annual terms makes it easier to compare with the cost of moving.
What Florida law does not require
Renters moving from other states are often surprised by what Florida leaves out. State law does not cap rent increases, does not set a specific advance notice period for a rent increase at renewal, does not cap late fees in the residential landlord and tenant statute, and, since 2023, does not allow local governments to fill those gaps with their own ordinances (SB 102 (2023); § 83.425). That makes your lease, and your ability to negotiate it, unusually important. The protections that do exist, such as the 30 to 60 day limits on end of term notice, the 30 day month to month rule, and the ban on retaliation, are worth knowing well precisely because there are so few of them.
Questions to ask before you renew
- Is the renewal price fixed for the entire term, and are any fees allowed to change during it?
- Is there a lower price for a different lease length?
- Are current new resident specials available to renewing residents?
- Will the unit receive any updates or repairs as part of the renewal?
- Does the renewal lease change the late fee, the notice requirement, or the early termination terms?
- If I decline, what is the exact date by which I must give notice?
Get the answers in writing. A renewal is a new contract, and anything not written into it is difficult to enforce later.
Frequently asked questions
Does Orange County still have a tenant bill of rights?
Section 83.425 preempts local regulation of landlord and tenant matters covered by Part II of Chapter 83 (§ 83.425), and contemporary reporting identified Orange County’s ordinance among those affected (Florida Phoenix). Rely on state law for your rights.
Can my landlord raise rent during my lease?
Only if your lease allows it. Read the lease for escalation or fee adjustment clauses.
My rent went up after I reported mold to the county. Is that legal?
It may be retaliation under Section 83.64 if you were treated differently from other tenants because of your good faith complaint (§ 83.64). Keep your records and contact legal aid.
Sources
- Florida Senate, SB 102 (2023)
- Florida Statutes § 83.425
- Florida Statutes § 83.575
- Florida Statutes § 83.57
- Florida Statutes § 83.64
- Florida Statutes § 83.56
- Florida Statutes § 83.491
- Florida Phoenix, April 25, 2023
- 42 U.S.C. § 3604
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, Tables B25064, B25119, B25003, via Homzora
- FloridaLawHelp.org
- HUD, File a Fair Housing Complaint