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Auburndale is a growing city in Polk County, situated between Tampa and Orlando along the I-4 corridor. As the broader Central Florida region has seen rapid population growth and rising rents, more Auburndale renters are turning to state law to understand what protections they have. Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) is the primary source of tenant rights in Auburndale, covering everything from security deposits and habitability to eviction procedures and anti-retaliation protections.
Auburndale has not enacted any local tenant protection ordinances beyond what state law requires, so renters here rely entirely on Florida's statewide framework. The most common questions Auburndale tenants have involve security deposit returns, what to do when a landlord refuses repairs, and what notice is required before eviction. This page answers all of those questions with specific statutory citations so you can understand your rights clearly.
This article is informational only and does not constitute legal advice. Laws can change, and your individual situation may involve facts that affect your rights. If you need help with a housing dispute, contact one of the legal aid organizations listed in the resources section below.
There is no rent control in Auburndale or anywhere else in Florida. In 2023, the Florida Legislature passed HB 1431, which explicitly prohibits counties and municipalities from enacting, maintaining, or enforcing any ordinance or regulation controlling the amount of rent charged for private residential property. This law is codified at Fla. Stat. § 125.0103 (counties) and Fla. Stat. § 166.043 (municipalities) and took effect immediately upon signing.
The 2023 law was significant because it overrode a voter-approved rent stabilization measure in Orange County, effectively nullifying the will of local voters. Since Auburndale is a municipality in Polk County, both the county-level and city-level preemption provisions apply. No local government in Florida — not Polk County, not the City of Auburndale — can cap rent increases, require advance notice of rent hikes beyond what is needed to terminate a tenancy, or impose any similar restriction on what landlords charge.
In practice, this means your landlord in Auburndale can raise your rent by any amount when your lease term ends. During a fixed-term lease, the landlord cannot raise rent until the lease expires (absent a specific escalation clause in the lease). For month-to-month tenants, the landlord must give at least 15 days' written notice before the end of a rental period to change terms, including raising rent (Fla. Stat. § 83.57). If you cannot afford the new rent, your option is to decline and vacate with proper notice.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides Auburndale renters with several meaningful protections. Below is a summary of each major protection and its statutory basis.
Habitability & Repairs (Fla. Stat. § 83.51): Landlords in Auburndale must maintain rental units in a condition that complies with applicable building, housing, and health codes. This includes maintaining the roof, walls, floors, windows, doors, plumbing, electrical systems, and heating. If a landlord fails to make required repairs, a tenant may serve a written 7-day notice to cure under Fla. Stat. § 83.56(1). If the landlord still fails to act, the tenant may be entitled to terminate the lease or pursue other remedies, including rent withholding under certain conditions.
Security Deposits (Fla. Stat. § 83.49): Landlords must return your full deposit within 15 days of lease termination if no deductions are claimed. If deductions are claimed, the landlord must send written notice by certified mail within 30 days. The tenant then has 15 days to object in writing. A landlord who fails to comply with this process forfeits the right to make any deduction. See the Security Deposit section below for full details.
Notice to Terminate (Fla. Stat. § 83.57): For a month-to-month tenancy, either the landlord or tenant must give at least 15 days' written notice prior to the end of a monthly period to terminate the tenancy. For week-to-week tenancies, 7 days' notice is required. Notice must be delivered in a manner consistent with Fla. Stat. § 83.56(4) — personal delivery or certified/registered mail.
Anti-Retaliation (Fla. Stat. § 83.64): It is unlawful for a landlord to retaliate against a tenant for complaining to a government agency about housing code violations, organizing or joining a tenant union or organization, or asserting any right protected by Florida landlord-tenant law. Prohibited retaliatory acts include raising rent, reducing services, threatening eviction, or actually filing for eviction. If a landlord retaliates, you may raise it as a defense in eviction proceedings and may recover actual damages plus attorney's fees.
Self-Help Eviction & Utility Shutoff Prohibition (Fla. Stat. § 83.67): A landlord may not remove doors or windows, cut off utilities, change locks, or otherwise interfere with your possession of the rental unit to force you out. These acts are illegal regardless of whether you owe rent. Violation entitles the tenant to recover actual damages or three months' rent (whichever is greater), plus attorney's fees and court costs.
Florida's security deposit rules — set out in Fla. Stat. § 83.49 — apply in full to all Auburndale rentals. There is no cap on how much a landlord can charge as a security deposit under Florida law; the amount is whatever is negotiated in the lease.
Holding the Deposit: Within 30 days of receiving your deposit, the landlord must either hold it in a separate non-interest-bearing account, hold it in an interest-bearing account (with interest going to you or split), or post a surety bond. The landlord must notify you in writing which method is used (Fla. Stat. § 83.49(1)).
Return Deadline — No Deductions: If the landlord intends to make no deductions, they must return your full deposit within 15 days after the lease ends and you vacate.
Return Deadline — With Deductions: If the landlord intends to make any deductions, they must send you written notice by certified mail to your last known address within 30 days after the lease ends. The notice must itemize each deduction and the reason for it.
Tenant's Right to Object: After receiving the landlord's notice of deductions, you have 15 days to object in writing. If you do not object, the landlord may deduct the stated amounts and return the remainder.
Landlord's Failure to Comply: If the landlord fails to send the notice of deductions within 30 days, they forfeit all right to retain any portion of the deposit — even if there were legitimate deductions. The landlord must return the full deposit. A tenant can enforce this through a civil lawsuit, and courts may award attorney's fees and court costs (Fla. Stat. § 83.49(3)(c)).
Deductible Items: Landlords may only deduct for unpaid rent, damages beyond normal wear and tear, and other amounts authorized by the lease. They may not deduct for ordinary wear and tear, pre-existing conditions, or cosmetic issues caused by normal use.
Evictions in Auburndale follow the Florida eviction process set out in Fla. Stat. §§ 83.56–83.62. Polk County courts handle eviction filings for Auburndale. The process has several specific steps that landlords must follow; failure to comply gives tenants grounds to contest the eviction.
Step 1 — Written Notice: Before filing in court, the landlord must serve a written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Court Filing: If the tenant does not comply with the notice (does not pay, cure, or vacate), the landlord may file an eviction complaint in Polk County Court. The tenant is served with a summons and must respond within 5 business days or risk a default judgment.
Step 3 — Hearing: If the tenant files an answer, the court schedules a hearing. If the eviction is for non-payment of rent, the tenant must deposit the disputed rent into the court registry when filing a response, or the court may enter a default (Fla. Stat. § 83.60(2)).
Step 4 — Judgment & Writ of Possession: If the court rules for the landlord, a Writ of Possession is issued. The county sheriff — not the landlord — enforces the writ and gives the tenant 24 hours to vacate before physically removing them (Fla. Stat. § 83.62).
Self-Help Eviction Is Illegal: A landlord in Auburndale cannot lock you out, remove doors or windows, shut off your utilities, or remove your belongings to force you to leave — even if you owe rent. These actions are illegal under Fla. Stat. § 83.67 and entitle the tenant to actual damages or three months' rent, whichever is greater, plus attorney's fees.
Just Cause: Florida does not require just cause for eviction at the end of a lease term or upon proper notice for a month-to-month tenancy. However, landlords cannot evict in retaliation for protected tenant activity (Fla. Stat. § 83.64).
This article is provided for informational purposes only and does not constitute legal advice. The information on this page reflects Florida law and Auburndale-specific context as of April 2026, but laws and local ordinances can change at any time. Your individual situation may involve facts, lease terms, or local circumstances that affect your legal rights and options. Do not rely solely on this article to make decisions about your tenancy. If you have a dispute with your landlord or face eviction, consult a licensed Florida attorney or contact a local legal aid organization for advice specific to your situation.
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