Tenant Rights in Clermont, Florida

Key Takeaways

  • None — prohibited statewide by Florida HB 1431 (2023); no local ordinance permitted
  • Returned within 15 days (no deductions) or 30-day written notice of deductions required; failure forfeits deduction rights (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 Florida; landlords may terminate with proper notice at end of lease term
  • Community Legal Services of Mid-Florida, Florida Legal Services, Florida AG – Landlord/Tenant Guide

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1. Overview: Tenant Rights in Clermont

Clermont is a fast-growing city in Lake County, Florida, situated along the scenic hills west of Orlando. Its population has surged in recent years, fueling demand for rental housing and making tenant rights knowledge increasingly important for the thousands of renters who call Clermont home. From apartment complexes near U.S. Highway 27 to single-family rentals in master-planned communities, renters here navigate the same statewide legal framework that governs all of Florida's landlord-tenant relationships.

Florida's landlord-tenant law, codified primarily in Chapter 83 of the Florida Statutes, sets the rules for security deposits, habitability, eviction notice, and prohibited landlord conduct. Because Clermont has no local tenant ordinances beyond state law, Florida Statutes are the exclusive source of protections for renters in this city. The most common questions Clermont tenants ask involve how quickly they must receive their deposit back, what notice they are owed before an eviction, and what they can do if their landlord refuses to fix a broken air conditioner or plumbing issue.

This article is intended as an informational overview of tenant rights in Clermont, Florida. It is not legal advice. Laws can change, and individual circumstances vary — if you are facing an eviction, a security deposit dispute, or another housing issue, consult a licensed Florida attorney or contact a local legal aid organization for guidance specific to your situation.

2. Does Clermont Have Rent Control?

Clermont has no rent control, and Florida law expressly forbids any local government from creating one. In 2023, the Florida Legislature passed HB 1431, which was signed into law and took effect immediately. This statute eliminated the authority of any Florida city, county, or municipality to enact, enforce, or maintain a rent control ordinance — even one approved directly by voters. The law specifically voided measures that had already passed in Orange County and other jurisdictions, illustrating just how broad the preemption is. The relevant prohibition is codified at Fla. Stat. § 125.0103 (for counties) and parallel provisions applicable to municipalities.

In practice, this means your landlord in Clermont can raise your rent by any amount at the end of a lease term or upon proper notice for a month-to-month tenancy. There is no cap on annual increases, no requirement to justify a rent hike, and no local board or agency that can review whether an increase is reasonable. The only practical limit is the notice requirement: for month-to-month tenancies, landlords must provide at least 15 days' written notice before a rent change takes effect under Fla. Stat. § 83.57. Renters who cannot afford a rent increase may choose not to renew and must be given that same 15-day notice period before the tenancy ends.

3. Florida State Tenant Protections That Apply in Clermont

Although Clermont has no local tenant ordinances, Florida's statewide landlord-tenant law provides meaningful protections in several key areas.

Habitability and Repairs (Fla. Stat. § 83.51 & § 83.56): Landlords are legally required to maintain rental units in a condition that complies with applicable building, housing, and health codes, and to keep structural components, plumbing, heating, and — critically in Florida's climate — air conditioning systems in good working order. If your landlord fails to make a required repair, you must first deliver a written 7-day notice specifying the problem. If the landlord still has not acted after seven days, you may be entitled to terminate the lease, withhold rent (under specific legal procedures), or pursue damages. Do not simply stop paying rent without following the statutory procedure, as doing so incorrectly can expose you to eviction.

Security Deposit Protections (Fla. Stat. § 83.49): Florida law governs how landlords must hold, account for, and return security deposits. See the dedicated Security Deposit section below for full details.

Notice to Terminate Tenancy (Fla. Stat. § 83.57): For month-to-month tenants, the landlord must give at least 15 days' written notice before the end of any monthly period to terminate the tenancy. Week-to-week tenants are entitled to 7 days' notice. These are minimum floors — a lease may provide longer notice periods.

Anti-Retaliation (Fla. Stat. § 83.64): A landlord may not retaliate against a tenant for complaining to a government agency about code violations, filing a lawsuit to enforce tenant rights, or participating in a tenant organization. Retaliation includes threatening eviction, raising rent, reducing services, or refusing to renew a lease within the legally protected period. If you face retaliation, you may raise it as a defense in eviction proceedings or bring an affirmative claim for damages.

Prohibition on Self-Help Eviction (Fla. Stat. § 83.67): Your landlord cannot remove doors or windows, padlock your unit, cut off your utilities, or remove your belongings to force you out without a court order. Self-help eviction is expressly illegal in Florida. If a landlord engages in any of these acts, you are entitled to sue for actual damages or three months' rent — whichever is greater — plus attorney's fees and court costs.

4. Security Deposit Rules in Clermont

Florida's security deposit rules are set entirely by state law under Fla. Stat. § 83.49. Clermont imposes no additional local requirements.

No Statutory Cap: Florida does not limit the amount a landlord may charge for a security deposit. The amount is negotiated in the lease, though market norms typically range from one to two months' rent.

How Deposits Must Be Held: Landlords who collect a deposit must either (1) hold it in a separate non-commingled Florida bank account and disclose the account details to you in writing within 30 days of receiving the deposit, or (2) post a surety bond. The landlord must notify you in writing of the method being used.

Return Deadline — No Deductions: If the landlord intends to return the full deposit, they must do so within 15 days after you vacate the unit and provide your forwarding address.

Return Deadline — With Deductions: If the landlord intends to make any deductions, they must send you written notice of the claim — by certified mail to your last known address — within 30 days. The notice must specifically itemize each deduction. Once you receive that notice, you have 15 days to respond in writing objecting to the claim. If you do not object within 15 days, you waive your right to dispute those deductions.

Penalty for Non-Compliance: If a landlord fails to send the required notice within the 30-day window, they forfeit the right to make any deductions from the deposit and must return the full amount. Courts have also awarded tenants attorney's fees in successful deposit recovery cases under § 83.49(3)(c). To protect your rights, always provide a written forwarding address when you move out and document the unit's condition with dated photos.

5. Eviction Process and Your Rights in Clermont

Evictions in Clermont follow Florida's statewide eviction procedure under Fla. Stat. §§ 83.56–83.62. Landlords must follow every step — shortcuts are illegal and courts will dismiss an improperly filed eviction.

Step 1 — Written Notice: Before filing anything in court, the landlord must give you a written notice. The type of notice depends on the reason:

Step 2 — Filing in Court: If you do not comply with the notice, the landlord may file an eviction complaint in the Lake County Court (located in Tavares, the Lake County seat). You will be served with a summons and have 5 business days to file a written response. Failing to respond can result in a default judgment against you.

Step 3 — Hearing: If you respond, the court will schedule a hearing. Both parties present their case before a judge. If the landlord prevails, the court issues a judgment for possession.

Step 4 — Writ of Possession: After a judgment for possession, the court issues a Writ of Possession. The Lake County Sheriff's Office serves the writ and gives you 24 hours to vacate before the landlord may retake possession with law enforcement present.

Self-Help Eviction is Illegal: At no point in this process may a landlord change your locks, remove your belongings, shut off electricity or water, or otherwise try to force you out without a court order. Doing so violates Fla. Stat. § 83.67 and entitles you to sue for actual damages or three months' rent — whichever is greater — plus attorney's fees.

No Just-Cause Requirement: Florida does not require landlords to have a specific reason to decline to renew a lease or to terminate a month-to-month tenancy with proper notice. However, a landlord cannot terminate a tenancy for an illegally retaliatory reason under Fla. Stat. § 83.64.

6. Resources for Clermont Tenants

The information provided on this page is for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the specific facts of your situation may affect how the law applies to you. Do not rely solely on this article when making decisions about your tenancy, an eviction, or a security deposit dispute. If you need legal assistance, contact a licensed Florida attorney or a local legal aid organization such as Community Legal Services of Mid-Florida. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for any actions taken based on its contents.

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Frequently Asked Questions

Does Clermont have rent control?
No. Clermont has no rent control, and Florida state law expressly prohibits any city or county from enacting one. In 2023, the Florida Legislature passed HB 1431, which invalidated all existing and future local rent control measures statewide, including voter-approved ones in Orange County. There is no cap on how much your landlord can raise your rent in Clermont.
How much can my landlord raise my rent in Clermont?
Florida law imposes no limit on rent increases. Your landlord can raise your rent by any amount when your lease term ends or, for a month-to-month tenancy, with at least 15 days' written notice before the end of the rental period under Fla. Stat. § 83.57. If you receive a notice of a rent increase you cannot afford, you may choose to vacate by giving the landlord the same 15 days' notice.
How long does my landlord have to return my security deposit in Clermont?
Under Fla. Stat. § 83.49, if the landlord plans to return the full deposit, they must do so within 15 days after you vacate and provide your forwarding address. If they intend to make deductions, they must send you an itemized written notice by certified mail within 30 days. Failure to send that notice on time forfeits their right to make any deductions, and you are entitled to the full deposit back.
What notice does my landlord need before evicting me in Clermont?
The required notice depends on the reason. 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, it is a 7-day notice to cure or vacate. To end a month-to-month tenancy without cause, at least 15 days' written notice is required under Fla. Stat. § 83.57. After proper notice, the landlord must file in Lake County Court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Clermont?
No. Self-help eviction is illegal in Florida under Fla. Stat. § 83.67. Your landlord cannot change your locks, remove doors, cut off your water or electricity, or remove your belongings to force you out without a court order. If your landlord does any of these things, you have the right to sue for actual damages or three months' rent — whichever is greater — plus attorney's fees and court costs.
What can I do if my landlord refuses to make repairs in Clermont?
Florida law requires landlords to maintain rental units in a habitable condition under Fla. Stat. § 83.51. If your landlord refuses to make an essential repair, you must first deliver a written 7-day notice specifying the problem in detail as required by Fla. Stat. § 83.56. If the landlord still fails to act after seven days, you may have the right to terminate the lease or pursue other remedies — but do not simply stop paying rent without following the exact statutory procedure, as doing so incorrectly can expose you to eviction. Contact a legal aid organization such as Community Legal Services of Mid-Florida for guidance.

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