Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Fernandina Beach is a historic coastal city on Amelia Island in Nassau County, Florida — one of the state's most charming and tourism-driven rental markets. With its Victorian-era downtown, proximity to Jacksonville (about 35 miles south), and strong demand for vacation and long-term rentals alike, renters in Fernandina Beach face a competitive housing market where understanding your legal rights matters. Whether you rent a cottage near the beach or an apartment downtown, Florida's landlord-tenant law governs your tenancy.
Florida's statewide Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) is the primary legal framework for all renters in Fernandina Beach and Nassau County. The law sets minimum standards for habitability, regulates security deposits, establishes notice requirements for termination and rent increases, and prohibits landlord retaliation and self-help evictions. Nassau County and the City of Fernandina Beach have not enacted any additional local tenant protections beyond what state law requires.
This guide summarizes the key protections Florida law provides to renters in Fernandina Beach. It is intended as general legal information only and is not a substitute for advice from a licensed attorney. Laws can change, and individual circumstances vary — if you face eviction or a housing dispute, contact a qualified legal aid organization or attorney for help specific to your situation.
Fernandina Beach has no rent control, and Florida law prohibits any local government from enacting it. In 2023, the Florida Legislature passed HB 1431, codified at Fla. Stat. § 125.0103 (for counties) and § 166.043 (for municipalities), explicitly banning cities and counties from adopting any ordinance that controls or limits the amount of rent a private landlord may charge. This law specifically overrode a voter-approved rent stabilization measure in Orange County that had passed in November 2022, and it applies statewide — including Fernandina Beach and Nassau County.
In practical terms, this means your landlord can raise your rent by any amount, at any time, as long as they provide proper advance notice. For month-to-month tenants, Florida law does not require a minimum advance notice period specifically for rent increases — but the landlord must give you at least 15 days' written notice before terminating your tenancy under Fla. Stat. § 83.57, and any rent increase would effectively require the same notice since it changes the terms of your agreement. Fixed-term lease tenants are protected from mid-lease increases by the terms of their lease contract, but have no cap on renewal-term increases.
There is no pending local ordinance or ballot initiative in Fernandina Beach or Nassau County that would change this status. Renters facing unaffordable rent hikes have no local regulatory recourse — their best options are negotiating directly with their landlord, seeking alternative housing, or consulting a tenant rights organization about whether any other protections may apply.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides Fernandina Beach renters with several key protections:
Habitability & Repairs (Fla. Stat. § 83.51): Landlords must maintain the rental unit in a structurally sound, weathertight, and sanitary condition. This includes functioning plumbing, heating, and electrical systems, and compliance with applicable building and housing codes. If your landlord fails to make essential repairs, Fla. Stat. § 83.56 allows you to serve a written 7-day notice specifying the deficiency. If the landlord still does not act, you may have the right to terminate the lease or pursue legal remedies. You generally cannot withhold rent without following the statutory process, as doing so can expose you to eviction.
Security Deposit Protections (Fla. Stat. § 83.49): Landlords must hold security deposits in a separate Florida bank account or post a surety bond. If no deductions are made, the deposit must be returned within 15 days of lease termination. If the landlord intends to make deductions, they must send a written notice within 30 days — and you then have 15 days to object in writing. Failure by the landlord to provide timely written notice forfeits their right to make any deductions at all.
Notice to Terminate Tenancy (Fla. Stat. § 83.57): To end a month-to-month tenancy, a landlord must give at least 15 days' written notice prior to the end of the rental period. Week-to-week tenants are entitled to 7 days' written notice. Annual lease tenants are governed by the lease terms or, absent a provision, by statute.
Anti-Retaliation (Fla. Stat. § 83.64): Landlords are prohibited from retaliating against tenants who have complained to a governmental agency about housing code violations, organized or joined a tenant union, or exercised any legal right. Retaliation can include rent increases, threats, or attempts to evict. A landlord action taken within a short time after protected tenant activity raises a rebuttable presumption of retaliation.
Lockout & Utility Shutoff Prohibition (Fla. Stat. § 83.67): Self-help eviction is illegal in Florida. A landlord may not remove doors or locks, cut off water, electricity, or other utilities, or interfere with your access to the dwelling to force you out outside of the formal court eviction process. Violations entitle the tenant to actual and consequential damages, plus attorney's fees.
Florida law under Fla. Stat. § 83.49 governs security deposits for all residential rentals in Fernandina Beach. There is no statewide cap on how large a security deposit a landlord may collect — Florida does not limit deposits to one or two months' rent. The amount is set by the lease and negotiation between landlord and tenant.
Holding Requirements: Landlords must hold the security deposit in one of three ways: (1) a separate non-interest-bearing Florida bank account; (2) a separate interest-bearing Florida bank account, with interest accruing at least annually to the tenant; or (3) by posting a surety bond for the amount of the deposit with the county clerk. The landlord must notify the tenant in writing within 30 days of receiving the deposit, stating the name and address of the institution holding the funds and whether the account is interest-bearing.
Return Deadline: If the landlord makes no deductions, the full deposit must be returned within 15 days of lease termination and the tenant vacating the unit. If the landlord intends to make any deductions, they must send a written notice of intended deductions — by certified mail to the tenant's last known address — within 30 days of lease termination. The tenant then has 15 days to object in writing.
Penalty for Non-Compliance: A landlord who fails to send the required written notice of deductions within 30 days forfeits their right to make any deductions whatsoever from the security deposit, regardless of actual damages. If the landlord improperly withholds the deposit after forfeiting that right, the tenant may sue in small claims court and may recover the full deposit amount, plus attorney's fees and court costs under Fla. Stat. § 83.49(3)(c).
Evictions in Fernandina Beach follow the Florida summary eviction process governed by Fla. Stat. §§ 83.56–83.625. Florida does not require a landlord to have "just cause" to terminate a month-to-month or at-will tenancy — but the landlord must strictly follow the statutory process to lawfully remove a tenant.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve you with a written notice. The type and duration of notice depends on the reason for eviction:
Step 2 — Filing in Court: If you do not comply with the notice (pay, cure, or vacate), the landlord may file an eviction complaint in Nassau County Court. You will be served with a summons and have 5 business days to file a written response (answer). Failure to respond may result in a default judgment against you.
Step 3 — Hearing & Judgment: If you respond, the court will schedule a hearing. A judge will hear both sides and issue a judgment. If the landlord prevails, the court issues a Writ of Possession.
Step 4 — Writ of Possession: The Nassau County Sheriff's Office executes the Writ of Possession, giving you 24 hours to vacate before the sheriff returns to physically remove occupants and allow the landlord to retake possession (Fla. Stat. § 83.62).
Self-Help Eviction is Illegal: Under Fla. Stat. § 83.67, a landlord cannot remove your doors, change your locks, cut off utilities, or take any action to physically force you out without completing the court eviction process. If your landlord attempts a self-help eviction, you may sue for actual damages, consequential damages, and 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. Nothing on this page creates an attorney-client relationship. If you are facing eviction, a security deposit dispute, or any other landlord-tenant issue in Fernandina Beach or Nassau County, Florida, you should consult a licensed Florida attorney or contact a qualified legal aid organization. Always verify current statutes and local ordinances independently, as laws may have changed after the last updated date of this article.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.