Tenant Rights in Callaway, Florida

Key Takeaways

  • None — prohibited statewide by Florida HB 1431 (2023), codified at Fla. Stat. § 125.0103
  • Returned within 15 days (no deductions) or 30-day written notice of deductions; failure forfeits landlord's right to withhold (Fla. Stat. § 83.49)
  • 15 days' written notice for month-to-month tenancies; 7 days for week-to-week (Fla. Stat. § 83.57)
  • No just-cause requirement in Callaway or under Florida state law for non-subsidized private rentals
  • Florida Legal Services, Bay Area Legal Services, Florida Attorney General's Landlord/Tenant Guide

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1. Overview: Tenant Rights in Callaway

Callaway is a small city in Bay County in the Florida Panhandle, situated along the northern shore of St. Andrews Bay near Panama City. Like many Gulf Coast communities, Callaway has experienced housing market pressures in recent years, and many residents rent their homes. Florida's statewide landlord-tenant law — found primarily in Chapter 83 of the Florida Statutes — governs nearly all aspects of the rental relationship for Callaway tenants, from how deposits must be handled to when and how a landlord may pursue eviction.

Callaway has not enacted any local tenant-protection ordinances beyond what state law provides. That means renters here rely entirely on Florida Statutes for their rights around rent increases, repair obligations, security deposit returns, and protections against illegal eviction tactics. Knowing these state-level protections is essential for any Callaway renter navigating a dispute with a landlord.

This page summarizes the key protections that apply to renters in Callaway as of April 2026. It is intended as an educational resource only and does not constitute legal advice. Laws can change, and every situation is different — if you have a specific legal problem, consult a licensed Florida attorney or a local legal aid organization.

2. Does Callaway Have Rent Control?

There is no rent control in Callaway, Florida — and no city or county in Florida may legally enact it. In 2023, the Florida Legislature passed HB 1431, which amended Fla. Stat. § 125.0103 (for counties) and related provisions to explicitly prohibit local governments from enacting, continuing, or enforcing any ordinance or policy that controls or limits the amount of rent a private landlord may charge. The law took effect immediately upon Governor DeSantis signing it and invalidated existing rent stabilization measures, including a voter-approved measure in Orange County.

In practical terms, this means a landlord in Callaway can raise your rent by any amount, at any time, as long as they provide the legally required advance notice — 15 days for month-to-month leases under Fla. Stat. § 83.57. There is no cap on how large an increase can be, and no requirement that the landlord justify the increase. If you are on a fixed-term lease, your rent cannot be raised until the lease term ends (unless the lease itself permits mid-term increases).

Renters concerned about affordability should be aware of this legal landscape and factor it into decisions about lease terms and lease renewals. Seeking a longer fixed-term lease can provide at least temporary protection against sudden rent increases.

3. Florida State Tenant Protections That Apply in Callaway

Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides a set of baseline protections for all renters in Callaway. The most important are summarized below.

Habitability & Repairs (Fla. Stat. § 83.51): Landlords must maintain rental units in a condition that complies with applicable building, housing, and health codes. This includes working plumbing, heating, roof and structural integrity, and freedom from pest infestations. If your landlord fails to make a required repair, Fla. Stat. § 83.56 allows you to serve a written 7-day notice describing the problem. If the landlord still does not act, you may have the right to terminate the lease or pursue other legal remedies, depending on the severity of the issue.

Notice to Terminate a Tenancy (Fla. Stat. § 83.57): For a month-to-month tenancy, either party must give at least 15 days' written notice before the end of a rental period to terminate the tenancy. Week-to-week tenants are entitled to at least 7 days' written notice. A landlord cannot simply tell you verbally to leave — the notice must be in writing and delivered properly.

Anti-Retaliation Protection (Fla. Stat. § 83.64): A landlord may not increase rent, threaten eviction, reduce services, or otherwise retaliate against a tenant for complaining to a government agency about code violations, joining or organizing a tenant union, or exercising any legal right under the Landlord-Tenant Act. If a landlord takes adverse action within a short period after protected activity, the law creates a presumption of retaliation.

Prohibition on Self-Help Eviction (Fla. Stat. § 83.67): It is illegal in Florida for a landlord to remove a tenant without going through the court process. Specifically, a landlord cannot remove the doors or windows of the dwelling, disconnect or interrupt utilities, remove the tenant's personal property, or take any other action designed to force the tenant out without a court order. Violations entitle the tenant to recover actual damages or three months' rent — whichever is greater — plus attorney's fees.

4. Security Deposit Rules in Callaway

Security deposit rules in Callaway are governed by Fla. Stat. § 83.49. Florida does not cap the amount a landlord may charge as a security deposit — there is no statutory maximum. However, landlords must follow strict rules about holding and returning deposits.

Holding Requirements: A landlord who holds a security deposit must either keep it in a separate non-interest-bearing Florida bank account, keep it in a separate interest-bearing account (with interest paid to the tenant at least annually), or post a surety bond for the total amount held. The landlord must notify the tenant in writing within 30 days of receiving the deposit, specifying where and how the deposit is being held.

Return Timeline: If the landlord intends to make no deductions, the deposit must be returned within 15 days after the tenant vacates. If the landlord intends to make deductions, they must send the tenant written notice of their intent and an itemized list of claimed deductions within 30 days of the tenant vacating. The tenant then has 15 days to object in writing. If the landlord fails to send the required notice within 30 days, they forfeit the right to make any deduction and must return the full deposit.

Penalties for Non-Compliance: A landlord who wrongfully withholds a deposit or fails to follow the statutory procedure may be liable for the amount of the deposit, plus court costs and attorney's fees under Fla. Stat. § 83.49(3). Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records to support any dispute.

5. Eviction Process and Your Rights in Callaway

Eviction in Callaway follows Florida's court-based process under Fla. Stat. §§ 83.56–83.625. A landlord must follow specific legal steps to remove a tenant — self-help methods such as lockouts, utility shutoffs, or removal of personal property are prohibited under Fla. Stat. § 83.67.

Step 1 — Notice: Before filing in court, the landlord must serve the tenant with written notice. The type of notice depends on the reason for eviction:

Step 2 — Filing in Court: If the tenant does not comply with the notice, the landlord may file an eviction complaint in Bay County Court. The tenant will be served with a summons and has 5 business days to file a written response (answer) contesting the eviction.

Step 3 — Hearing: If the tenant files a response, the court will schedule a hearing. If the tenant does not respond, the landlord may seek a default judgment. The court will issue a judgment for possession if the landlord prevails.

Step 4 — Writ of Possession: After a judgment for possession, the clerk issues a Writ of Possession. The Bay County Sheriff serves the writ and, if the tenant has not vacated, physically removes them after a 24-hour notice period.

No Just-Cause Requirement: Florida law does not require a private landlord to have a specific reason (just cause) to terminate a month-to-month tenancy — they need only provide 15 days' notice. However, a landlord cannot evict a tenant in retaliation for exercising protected rights under Fla. Stat. § 83.64.

6. Resources for Callaway Tenants

The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. If you have a dispute with your landlord or face eviction, you should consult a licensed Florida attorney or contact a local legal aid organization. RentCheckMe makes no warranties about the accuracy or completeness of this information and is not responsible for actions taken in reliance on it.

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Frequently Asked Questions

Does Callaway have rent control?
No. Callaway has no rent control, and neither does any other city or county in Florida. The Florida Legislature passed HB 1431 in 2023, which amended Fla. Stat. § 125.0103 to prohibit all local governments from enacting or enforcing rent control ordinances. This law invalidated even voter-approved rent stabilization measures elsewhere in the state.
How much can my landlord raise my rent in Callaway?
There is no limit on how much a landlord can raise rent in Callaway. Florida law imposes no cap on rent increases for private market rentals. If you are on a month-to-month lease, your landlord must give you at least 15 days' written notice before the end of a rental period to implement a rent increase, per Fla. Stat. § 83.57. If you are on a fixed-term lease, your rent is locked in until the lease expires.
How long does my landlord have to return my security deposit in Callaway?
Under Fla. Stat. § 83.49, if your landlord makes no deductions, they must return your full deposit within 15 days of you vacating. If they plan to make deductions, they must send you written notice itemizing those deductions within 30 days of your move-out — you then have 15 days to object. A landlord who fails to send the required notice within 30 days forfeits the right to withhold any portion of the deposit.
What notice does my landlord need before evicting me in Callaway?
The required notice depends on the reason for eviction. For non-payment of rent, your landlord must give you a 3-day written notice (excluding weekends and legal holidays) to pay or vacate under Fla. Stat. § 83.56(3). For a lease violation, you must receive a 7-day written notice. For a no-fault termination of a month-to-month tenancy, you are entitled to 15 days' written notice under Fla. Stat. § 83.57.
Can my landlord lock me out or shut off utilities in Callaway?
No. Florida law explicitly prohibits self-help eviction. Under Fla. Stat. § 83.67, it is illegal for a landlord to remove doors or windows, change the locks, interrupt utilities, or remove your personal property as a way to force you out without a court order. If your landlord does any of these things, you can sue for actual damages or three months' rent — whichever is greater — plus attorney's fees.
What can I do if my landlord refuses to make repairs in Callaway?
Under Fla. Stat. § 83.51, your landlord is legally required to maintain your unit in a habitable condition and comply with applicable housing codes. If your landlord fails to make essential repairs, Fla. Stat. § 83.56 allows you to serve a written 7-day notice describing the problem and demanding it be fixed. If the landlord does not act within 7 days, you may have the right to terminate the lease or seek other legal remedies, and you should contact a legal aid organization such as Florida Legal Services (floridalegal.org) for guidance specific to your situation.

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