2025 rental-law watch for tenants in Palm Beach, Broward & Flagler (what’s changing locally)
- Maria V.
- 7 days ago
- 13 min read
As Florida continues to refine its landlord-tenant laws, renters in Palm Beach, Broward, and Flagler counties should pay attention to several changes and proposed amendments that may affect their rights, notice periods, deposits, disclosures, and protections. While Florida law largely preempts local ordinances in the residential rental sphere, local implementation and county/city practices can cause variation in how changes play out on the ground.
Below are key developments in 2025 that tenants should monitor.
Security Deposits & Advance Rent: Interest and Notices — 2025 Florida Update
For tenants across Palm Beach, Broward, and Flagler counties, one of the most important 2025 updates to Florida’s rental laws concerns how landlords must manage security deposits and advance rent. The changes clarify landlord duties under Florida Statutes § 83.49 (2025), aiming to increase transparency and fairness in how these funds are held and returned.
Options for Holding Deposits
Under the updated statute, landlords have three options when handling security deposits or advance rent:
Hold the funds in a separate, non-interest-bearing account in a Florida banking institution; or
Hold them in an interest-bearing account, and pay the tenant either at least 75% of the annualized interest or 5% simple interest; or
Post a surety bond with the county clerk and pay the tenant 5% annual interest.
These options ensure tenants are treated fairly whether or not their money earns interest during the lease period.
Required Written Notice
Transparency is key. Landlords must provide written notice — either in the lease agreement or within 30 days of receiving the funds — disclosing:
The name and address of the financial institution where the deposit is held.
Whether the deposit is in an interest-bearing or non-interest-bearing account.
The terms under which interest will be paid.
The procedure for making a claim on the deposit after the lease ends.
This disclosure must be made even if the lease includes a general security deposit clause. Failure to provide this notice can limit a landlord’s rights later in the tenancy.
Notice of Claim on Deposit
When a tenant vacates or a lease ends, if the landlord intends to make deductions from the deposit, they must:
Send written notice to the tenant (by certified mail or e-mail) within 30 days of move-out.
Allow the tenant 15 days to object to the claim.
If the landlord misses the 30-day deadline or fails to follow the notice procedure, they forfeit the right to make a claim against the deposit — although they may still pursue damages separately in court.
Implications for Tenants
For renters in Palm Beach, Broward, and Flagler counties, this statutory update underscores the importance of recordkeeping. Make sure your lease specifies where your deposit is held and whether it accrues interest. If you never receive the required disclosure, or if your landlord doesn’t follow notice procedures, that can strengthen your position in recovering your full deposit. Always keep copies of all lease documents, notices, and e-mails for your records.
These changes reinforce Florida’s commitment to protecting both tenants and landlords by ensuring transparency and accountability in the handling of rental funds.
Longer Notice for Termination of Month-to-Month Tenancies — Florida’s 2025 Update
Florida renters and landlords should take note: as of 2025, the state has officially extended the required notice period for ending month-to-month (or “tenancy at will”) agreements. This change provides tenants more time to prepare for moves and landlords more structure in managing turnover.
What the New Law Says
Under the updated Florida landlord-tenant law (2025), either party must now provide at least 30 days’ written notice prior to the end of any monthly rental period to terminate a month-to-month tenancy.
Previously, Florida required only 15 days’ written notice, which often led to last-minute moves and disputes over timing. The new 30-day rule doubles that window, bringing Florida in line with many other states that already require a full month’s notice.
Who This Affects
This rule specifically applies to month-to-month leases — arrangements that renew automatically each month without a fixed end date. This includes:
Tenants who stayed after a fixed-term lease expired but continued paying rent (creating a “tenancy at will”).
Tenants who began with an informal, open-ended rental agreement.
For fixed-term leases (such as six-month or one-year contracts), termination procedures generally follow the lease terms unless the new statute overrides them. Landlords cannot terminate or raise rent mid-term unless the lease explicitly allows it.(Sources: Law Firm Ocala; Innago)
Practical Implications
For tenants in Palm Beach, Broward, and Flagler counties, this change means more stability and preparation time. If your lease has transitioned into a month-to-month arrangement, your landlord must now give you a full 30 days’ written notice before ending your tenancy.
For landlords, it’s crucial to update notice templates and management practices to reflect the new rule. Sending only 15 days’ notice, as was common before, could now render a termination notice invalid and delay turnover or rent recovery.
The 2025 update to Florida’s landlord-tenant statute strikes a fairer balance between flexibility and security. Month-to-month tenants gain additional time to secure new housing, while landlords benefit from clearer and more consistent notice requirements under state law.
Rent Increases & Affordable Housing Units — Florida’s 2025 Legislative Update
Florida’s ongoing housing affordability challenges have prompted a new, targeted legislative measure designed to protect tenants living in affordable housing units. While the state continues to prohibit general rent control, a new amendment — Senate Bill / House Bill 365 (2025) — introduces limits on rent increases within certain publicly supported or incentive-assisted properties.
What the New Law Does
Under the 2025 amendment to the Florida Residential Landlord and Tenant Act, landlords of affordable housing units will be prohibited from increasing rent during the term of a rental agreement if:
The unit qualifies as affordable housing (i.e., receives public funding, tax credits, or other state/local incentives), and
The rental agreement is 13 months or less, and
The agreement is entered into on or after July 1, 2026.(Source: flsenate.gov)
This means tenants in qualifying affordable housing will have fixed rent protection for the full duration of their lease, offering much-needed stability for those on lower or moderate incomes.
When It Takes Effect
Although the bill takes effect July 1, 2025, it applies only to new leases beginning on or after July 1, 2026. This one-year lead time gives landlords, housing agencies, and property managers time to update contracts and compliance procedures.(Source: flsenate.gov)
What It Does Not Cover
The prohibition does not apply to lease renewals. Landlords may still increase rent at the time of renewal, provided they follow proper notice procedures and comply with any affordability restrictions tied to their funding or tax program. Additionally, the measure does not affect private-market rentals that are not subsidized or part of an affordability program.
Implications for Tenants and Landlords
For tenants in Palm Beach, Broward, and Flagler counties, this legislation represents a measured but meaningful safeguard against mid-lease rent hikes in designated affordable units. It enhances predictability for renters who already face tight housing budgets and limited availability.
For landlords managing affordable properties, it’s essential to review lease templates and compliance documentation before July 2026 to ensure all rent-setting practices align with the new statutory requirements.
The Bigger Picture
While this reform doesn’t impose rent control on the general housing market, it signals Florida’s growing attention to housing stability within its affordable housing sector — part of a broader effort to balance market flexibility with tenant protection in publicly assisted developments.
Flood Risk Disclosure to Tenants — Effective October 1, 2025
Beginning October 1, 2025, Florida tenants will gain an important new protection: landlords must disclose flood risks before renters sign a lease. This reform aims to improve transparency in one of the nation’s most flood-prone states and aligns rental requirements more closely with the disclosures already required in property sales.
What the New Law Requires
Under the new state law, residential landlords must include a flood risk disclosure within all lease agreements. The disclosure must inform tenants about:
The property’s official flood zone designation (as determined by FEMA or local mapping),
Any known history of flooding at the property, and
Relevant insurance and evacuation information, including whether the property is covered under the National Flood Insurance Program or located in an evacuation zone.(Source: Axios)
These requirements are modeled after existing real estate sale disclosures, ensuring that tenants—like buyers—are fully aware of potential flood hazards before entering a contract.
Why It Matters
Florida experiences more flood-related damage than nearly any other state, with coastal and inland communities alike facing rising water risks. Until now, tenants often had no legal right to know whether their rental homes had previously flooded or were located in a high-risk zone. The new law closes that gap and helps renters make informed decisions about where they live and how they protect their belongings.(Source: Axios)
Implications for Tenants and Landlords
For tenants in Palm Beach, Broward, and Flagler counties—where flood exposure is a major concern—this new disclosure rule is especially significant. Starting October 1, 2025, you should carefully review your lease for the flood risk section before signing. If a landlord fails to include the disclosure, that could raise compliance issues and limit their legal protections.
Landlords, meanwhile, should begin preparing now by verifying flood zone information, updating lease templates, and ensuring their property managers understand the new disclosure requirements.
The Bigger Picture
This reform reflects Florida’s broader efforts to address climate and resilience challenges through transparency rather than regulation. By requiring flood risk disclosure at the rental stage, the state empowers renters to make safer choices while promoting accountability among property owners.
Statewide Preemption & the Decline of Conflicting Local Ordinances — Florida’s Unified Rental Law Approach
Florida’s 2025 legal landscape continues to reinforce a key principle in landlord-tenant law: statewide preemption. This means the Florida Residential Landlord and Tenant Act (Part II, Chapter 83, Florida Statutes) overrides and controls all residential rental matters, leaving little room for local governments to impose conflicting regulations.
What Statewide Preemption Means
As explained by The Florida Bar, the state’s preemption rule ensures uniformity across Florida’s rental market. Local governments cannot adopt or enforce ordinances that contradict or supplement state law in areas such as:
Tenant screening or background checks,
Security deposit handling and return procedures,
Required lease terms or renewal policies, and
Local rent caps, late fees, or other financial conditions.(Source: The Florida Bar)
The goal is to prevent a patchwork of local rules that could make compliance burdensome for landlords operating in multiple counties or cities.
Recent Legislative Trends
Recent years have seen stronger enforcement of this preemption doctrine. State lawmakers have increasingly moved to invalidate older or conflicting tenant-protection ordinances passed by cities and counties — particularly those addressing rental fees, eviction timelines, or tenant “bill of rights” provisions.(Source: FloridaLandlord.com)
As a result, several local initiatives in South Florida and central Florida that once sought to expand tenant protections have been curtailed or preempted by updated state legislation.
What Local Governments Can Still Regulate
Despite these limitations, local authorities retain control over certain property and safety regulations. Cities and counties may still enforce:
Building and housing codes,
Safety and habitability inspections,
Occupancy limits, and
Local permitting and zoning requirements.
This means that while landlords must follow the state’s lease and deposit laws, they also need to comply with local building standards and inspection programs that ensure properties remain safe and habitable.
Implications for Tenants and Landlords
For tenants in Palm Beach, Broward, and Flagler counties, the takeaway is clear: do not rely on outdated local ordinances that claim to offer additional tenant protections — such as limits on fees or special notice rules — without verifying whether those rules still stand under state preemption.
For landlords, this trend simplifies compliance by centralizing authority under state law, but also increases the importance of staying updated on statewide statutory amendments, which can override local practices overnight.
Florida’s continued enforcement of statewide preemption reflects its commitment to regulatory consistency in the housing market. While this may reduce local flexibility, it offers clearer expectations for both landlords and tenants operating under a single, uniform set of rules.
HOA Rules & Lease Termination Power — A Growing Local Concern in Palm Beach
While not a statewide legislative change, Palm Beach County residents should be paying close attention to a developing issue: homeowners’ associations (HOAs) expanding their influence over rental arrangements. Recent local reports indicate that some associations are proposing new rules that could significantly impact both landlords and tenants.
What’s Happening
According to a recent report from the Palm Beach Post, a homeowners’ association in Palm Beach is attempting to amend its governing documents to:
Tighten guest and tenant regulations,
Impose new rental-related fees, and
Potentially gain the authority to terminate leases that violate HOA rules or policies.(Source: PalmBeachPost.com)
While these efforts are being discussed at the community level, they raise important legal and practical questions about how far HOA power can extend into private lease agreements between landlords and tenants.
Legal Background
In Florida, both HOA and condominium associations derive their authority from a combination of state law (Chapters 718 and 720, Florida Statutes) and their recorded governing documents (declarations, bylaws, and covenants).
Courts have historically recognized that associations can enforce reasonable leasing restrictions, such as:
Minimum lease terms (e.g., no rentals under 6 months),
Tenant screening or approval requirements, and
Caps on the number of units that may be rented at one time.
However, attempts by HOAs to terminate an existing lease—or otherwise insert themselves directly into a landlord-tenant relationship—are legally complex and may face challenges. Such authority typically must be explicitly stated in the governing documents and not conflict with Florida’s Residential Landlord and Tenant Act or other state housing laws.
Implications for Landlords and Tenants
If you own or rent property in Palm Beach, Broward, or Flagler counties, this issue is worth monitoring closely. Here’s why:
Landlords should confirm that their lease terms align with HOA rules, since violations could result in fines or enforcement actions.
Tenants should understand that while HOAs can regulate property use and access, their power to interfere with or terminate leases is limited by state law.
Both parties should seek legal clarification or association documentation before signing or renewing a lease in a managed community.
The Bigger Picture
This local development in Palm Beach underscores a broader trend across Florida—HOAs asserting greater control over rental activity amid rising investor ownership and transient leasing. The balance between community governance and individual property rights continues to evolve, often landing in courtrooms when disputes arise.
For residents and property owners in HOA-governed communities, it’s essential to stay informed. Review your association’s governing documents, stay updated on local policy changes, and ensure all lease arrangements comply with both state landlord-tenant laws and HOA restrictions.
What Has Not Changed Yet — Key Florida Rental Laws That Remain the Same in 2025
While 2025 brings several important updates for renters and landlords—from new notice periods to flood-risk disclosures—many core features of Florida’s rental law remain unchanged. Understanding these enduring rules helps tenants and property owners know what to expect and where their rights and responsibilities still stand firm.
1. No Broad Rent Control
Florida continues to prohibit local rent control over private housing units. This means cities and counties cannot impose caps or restrictions on how much rent a landlord may charge or increase—except under rare, state-approved emergency conditions (which have not been declared).As a result, rent increases remain largely unrestricted, provided landlords follow the proper written notice requirements before adjusting rates.
2. Late Fees and Lease Provisions
State law continues to regulate how and when late fees can be charged. In most cases, landlords may not charge more than $20 or 20% of the monthly rent—whichever is greater—unless a higher fee is clearly justified and agreed to in writing.Florida law also prohibits certain lease clauses, such as those that attempt to waive a tenant’s basic rights under Chapter 83 or absolve the landlord of responsibility for property maintenance.(Source: Innago)
3. Eviction Protections and Notices
The core eviction framework under Chapter 83, Part II, Florida Statutes, remains intact. Landlords must still follow a structured, court-supervised process that includes:
A “notice to cure or quit” for issues like unpaid rent or lease violations,
A “notice to quit” for non-curable breaches, and
A formal eviction filing in county court if the issue isn’t resolved.
Tenants maintain the right to contest evictions in court, and landlords who skip the proper steps risk having their cases dismissed.
4. Habitability and Repair Rights
Florida law continues to guarantee tenants the right to safe and habitable housing. Landlords must maintain:
Working plumbing and electrical systems,
Structural soundness of walls, floors, and roofs,
Proper sanitation, and
Compliance with all local building, safety, and health codes.
Failure to do so can allow tenants to withhold rent (under limited conditions) or seek legal remedies for breach of the landlord’s maintenance obligations.
Even amid new updates in 2025, Florida’s rental landscape continues to rely on long-standing state principles: no rent control, clear lease standards, fair notice procedures, and strong habitability protections. Both landlords and tenants benefit from reviewing these enduring rules to stay compliant and avoid disputes.
Tips for Tenants in 2025 — Navigating Florida’s Evolving Rental Landscape
With several new rental laws taking effect in 2025 and 2026, tenants across Florida—especially in Palm Beach, Broward, and Flagler counties—need to be more informed than ever. From updated notice rules to new disclosure requirements, staying aware of your rights and responsibilities can help you protect your security deposit, avoid disputes, and ensure a fair leasing experience.
Here are key tips for Florida tenants in 2025:
1. Read Every Lease Clause Carefully
Before signing a new lease, review all terms and addenda—especially those related to deposits, maintenance, and termination. Under Florida Statutes § 83.49, landlords must now provide detailed security deposit disclosures within 30 days of receipt. Make sure the lease specifies where your deposit is held and whether it earns interest.
2. Confirm Notice Requirements
If you’re renting month-to-month, the 2025 update now requires 30 days’ written notice (instead of 15) for either party to terminate the lease. Don’t rely on outdated forms or verbal agreements—always confirm that notice is properly delivered in writing or via e-mail if the lease allows it.
3. Check Flood Risk Disclosures (Effective October 1, 2025)
Starting October 2025, landlords must disclose flood zone and risk information before you sign the lease. This includes prior flood history and insurance details. If your home is in a high-risk or coastal area, review this section carefully and consider renter’s insurance that includes flood coverage.
4. Understand Rent Increase Rules
While rent control remains prohibited statewide, new protections apply to certain affordable housing units beginning July 1, 2026. If your unit receives public funding or tax incentives, your rent cannot increase during a 13-month (or shorter) lease term.
5. Keep Documentation for All Payments and Notices
Always keep copies of your lease, payment receipts, e-mails, and any communication about repairs or deposits. If a dispute arises, this paperwork can make the difference in recovering your security deposit or defending against an improper eviction.
6. Verify HOA and Community Rules
If you rent within an HOA or condominium, check whether the association has specific leasing restrictions or tenant rules. Some HOAs in Palm Beach are seeking greater authority over leases and guest policies, which could affect your tenancy.
7. Know Your Habitability Rights
Tenants continue to have the right to safe and livable housing. Landlords must maintain plumbing, electrical systems, structural integrity, and compliance with local building codes. If repairs are neglected, notify your landlord in writing before considering rent withholding or legal action.
8. Stay Updated on State Preemption Rules
Local “tenant bills of rights” or city ordinances may no longer apply if they conflict with state law. Always check current state statutes to confirm your protections are valid under the Florida Residential Landlord and Tenant Act.
The Bottom Line
Florida’s rental laws in 2025 aim to balance tenant protection with landlord flexibility. For tenants, the best defense is knowledge and documentation—read your lease, understand your rights, and stay informed about statewide legal updates. Whether you rent short-term or long-term, being proactive helps ensure your tenancy remains fair, lawful, and secure.
Sources:
Innago, FloridaLandlord.com, Law Firm Ocala
Axios
The Florida Bar,
Innago,
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