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DeBary is a growing city of roughly 22,000 residents in Volusia County, situated along the St. Johns River between Deltona and Sanford. As the broader Central Florida region has seen rising housing costs and rapid population growth, more DeBary households are renting than ever before — making an understanding of tenant rights increasingly important for local renters.
All tenant protections in DeBary flow from Florida's statewide Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682). DeBary has not enacted any local housing ordinances that go beyond state law, so Florida statutes govern every aspect of your rental relationship — from security deposit handling to eviction procedures to your right to a habitable home. Renters frequently search for information about rent increase limits, deposit return timelines, and what to do when a landlord refuses to make repairs.
This article summarizes Florida tenant law as it applies to DeBary renters. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary — consult a licensed Florida attorney or a local legal aid organization for guidance specific to your situation.
There is no rent control in DeBary, and no Florida city or county may enact it. In 2023, the Florida Legislature passed HB 1431, which was signed into law and is now codified at Fla. Stat. § 125.0103 (for counties) and Fla. Stat. § 166.043 (for municipalities). These statutes explicitly prohibit any local government — including Volusia County and the City of DeBary — from adopting, maintaining, or enforcing any ordinance or regulation that controls the amount of rent charged for private residential property.
This law was enacted in part to invalidate a voter-approved rent stabilization measure in Orange County (which borders Volusia County to the southwest) and to preempt similar efforts across the state. The practical effect for DeBary renters is significant: your landlord may raise your rent by any amount at lease renewal or upon proper notice, and there is no government body that can review or limit that increase. The only constraint is the notice requirement — landlords must provide at least 15 days' written notice before the end of a month-to-month rental period if the new rent amount constitutes a termination and re-offer (Fla. Stat. § 83.57).
If your lease is still in effect, your landlord generally cannot raise your rent until the lease term ends, unless the lease specifically allows mid-term increases. Once your lease expires or converts to month-to-month, rent increases are unrestricted in amount under Florida law.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides the full framework of tenant protections for DeBary renters. Key protections include:
Habitability (Fla. Stat. § 83.51): Landlords must maintain rental units in a habitable condition — including a working roof, walls, windows, floors, and plumbing — and must comply with applicable building, housing, and health codes. Failure to maintain habitability gives tenants the right to pursue remedies under Fla. Stat. § 83.56, including lease termination after proper written notice.
Repair Procedures (Fla. Stat. § 83.56): If your landlord fails to make essential repairs after you deliver a written 7-day notice specifying the problem, you may terminate the lease. In cases of repeated violations, a 7-day notice to cure or quit is also available. All notices must be in writing and delivered in a manner consistent with Fla. Stat. § 83.56(4).
Security Deposit (Fla. Stat. § 83.49): Landlords must hold deposits in a specific way and follow strict timelines for return or claiming deductions. See the Security Deposit section below for full details.
Notice to Terminate Tenancy (Fla. Stat. § 83.57): A month-to-month tenancy requires at least 15 days' written notice prior to the end of any monthly period. A week-to-week tenancy requires 7 days' written notice. Neither party may terminate a fixed-term lease early without cause unless the lease provides otherwise.
Anti-Retaliation (Fla. Stat. § 83.64): It is unlawful for a landlord to retaliate against a tenant for complaining to a governmental agency about code violations, organizing or joining a tenant's association, or exercising any right protected by law. Retaliation includes raising rent, reducing services, or threatening eviction. If retaliation is proven, the tenant may recover actual and consequential damages, plus attorney's fees.
Prohibition on Self-Help Eviction (Fla. Stat. § 83.67): A landlord may not remove a tenant by locking them out, removing doors or windows, or willfully interrupting utilities. Violation entitles the tenant to the greater of three months' rent or actual damages, plus attorney's fees and costs.
Florida law places specific obligations on DeBary landlords regarding the handling and return of security deposits, governed by Fla. Stat. § 83.49.
No Statutory Cap: Florida does not limit the amount a landlord may charge as a security deposit. The amount is set by agreement in the lease.
Holding Requirements: Landlords must hold the security deposit in one of three ways: (1) in a separate non-interest-bearing Florida bank account; (2) in a separate interest-bearing Florida bank account, paying the tenant at least 75% of the annualized average interest rate or 5% per year simple interest; or (3) by posting a surety bond with the clerk of the circuit court. The landlord must notify the tenant in writing within 30 days of receiving the deposit of the method being used (Fla. Stat. § 83.49(1)).
Return Timeline — No Deductions: If the landlord makes no deductions, the full deposit must be returned within 15 days after the tenant vacates the unit.
Return Timeline — With Deductions: If the landlord intends to make deductions, they must send the tenant a written notice of their intent, itemizing the claims, within 30 days of the tenant vacating. The tenant then has 15 days to object in writing. If the tenant does not object, the landlord may deduct the claimed amounts and must return the remainder.
Penalty for Non-Compliance: A landlord who fails to give proper written notice of intended deductions within 30 days forfeits the right to make any deductions and must return the full deposit. If the landlord wrongfully withholds the deposit, the tenant may sue under Fla. Stat. § 83.49(3) and may be entitled to damages, court costs, and attorney's fees.
Evictions in DeBary are governed by Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.56–83.625) and must follow a strict legal process. There is no just-cause eviction requirement in DeBary or under Florida state law, meaning a landlord can choose not to renew a lease for any lawful reason — but must still follow proper procedures.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with written notice. The type and duration 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 the Volusia County Court (small claims or civil division). The tenant will be served with a summons and has 5 business days to file a written response (Fla. Stat. § 83.60).
Step 3 — Hearing: If the tenant files a response, the court schedules a hearing. If the tenant does not respond, the landlord may seek a default judgment. Tenants disputing non-payment of rent must deposit any disputed rent into the court registry or risk having their defenses waived (Fla. Stat. § 83.60(2)).
Step 4 — Writ of Possession: If the court rules in the landlord's favor, it issues a writ of possession. The sheriff serves the writ, and the tenant has 24 hours to vacate before the sheriff can remove them.
Self-Help Eviction Is Illegal: A DeBary landlord cannot lock you out, remove doors or windows, shut off electricity or water, or take your belongings to force you to leave. These actions violate Fla. Stat. § 83.67. If a landlord does this, you may sue for the greater of three months' rent or actual damages, plus attorney's fees.
The information on this page is provided for general informational 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. RentCheckMe is not a law firm and no attorney-client relationship is created by using this site. DeBary renters with specific legal questions or disputes should consult a licensed Florida attorney or contact a qualified legal aid organization. Always verify current statutes and local ordinances directly, as laws may have changed since this article was last updated in April 2026.
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