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Key West is the southernmost city in the continental United States and the seat of Monroe County. With a population of roughly 25,000 permanent residents and a rental market heavily influenced by tourism, seasonal demand, and a shortage of affordable housing, renters in Key West face some of the highest housing costs in Florida. Understanding your rights under state law is essential in this competitive market.
Key West has no local rent control ordinance and no local tenant protection laws beyond those provided by Florida state law. Florida's landlord-tenant relationship is governed almost entirely by the Florida Residential Landlord and Tenant Act (Fla. Stat. Chapter 83, Part II). These rules cover security deposits, habitability standards, eviction procedures, and protections against landlord retaliation and self-help evictions.
This page summarizes the tenant rights that apply to Key West renters under Florida law. It is intended for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary — if you have a specific legal problem, consult a licensed Florida attorney or contact a local legal aid organization.
Key West has no rent control, and Florida law prohibits any local government from enacting it. In 2023, the Florida Legislature passed HB 1431, which was signed into law and codified at Fla. Stat. § 125.0103 (for counties) and § 166.043 (for municipalities). These statutes explicitly prohibit Florida counties and cities from enacting, maintaining, or enforcing any ordinance that controls or limits the amount of rent charged for private residential property.
This law was enacted specifically to override rent stabilization measures that had already passed by voter referendum in Orange County and elsewhere. As a result, no city or county in Florida — including Key West — may impose rent caps, rent stabilization, or any form of rent control, regardless of local voter support.
In practice, this means a Key West landlord can raise your rent by any amount, at any time, as long as they provide the legally required advance notice before your lease or rental period ends. For month-to-month tenants, that notice period is 15 days under Fla. Stat. § 83.57. If you are on a fixed-term lease, your rent cannot be raised until the lease expires, unless the lease itself permits mid-term increases.
The Florida Residential Landlord and Tenant Act (Fla. Stat. Chapter 83, Part II) provides Key West renters with the following core protections:
Habitability and Repairs (Fla. Stat. § 83.51 & § 83.56): Landlords must maintain rental units in a condition that complies with applicable building, housing, and health codes, and must keep roofs, windows, floors, steps, porches, exterior walls, and plumbing in good repair. If your landlord fails to make an essential repair, you must first deliver a written 7-day notice specifying the problem. If the landlord still does not act within 7 days, you may be entitled to terminate the lease or pursue other legal remedies under Fla. Stat. § 83.56(1).
Security Deposit Rules (Fla. Stat. § 83.49): Landlords must hold your security deposit in a specific manner and return it — or provide written notice of any claimed deductions — within required deadlines. See the Security Deposit section below for full details.
Notice to Terminate (Fla. Stat. § 83.57): A landlord must give a month-to-month tenant at least 15 days' written notice before the end of the rental period to terminate the tenancy. Week-to-week tenants are entitled to at least 7 days' written notice. Notice must be delivered in a manner prescribed by Fla. Stat. § 83.56(4).
Anti-Retaliation Protection (Fla. Stat. § 83.64): A landlord may not retaliate against a tenant for complaining to a government agency about housing code violations, organizing or joining a tenant union, or exercising any right protected by law. Retaliatory conduct includes raising rent, reducing services, threatening eviction, or actually filing for eviction. If retaliation is proven, the tenant may recover actual damages, attorney's fees, and court costs.
Prohibition on Self-Help Eviction (Fla. Stat. § 83.67): A landlord cannot remove a tenant through self-help methods such as changing the locks, removing doors or windows, or intentionally cutting off electricity, water, or other utilities. Violating this statute entitles the tenant to recover the greater of three months' rent or actual damages, plus attorney's fees and court costs.
Security deposit rules in Key West are governed by Fla. Stat. § 83.49. Florida imposes no statutory cap on the amount a landlord may charge as a security deposit, so a landlord may require any amount they choose.
How Deposits Must Be Held: The landlord must hold your 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 (with the tenant receiving at least 75% of the annualized interest or a flat 5% per year), or (3) by posting a surety bond. The landlord must give you written notice within 30 days of receiving the deposit identifying the institution, address, and account type, or stating that a surety bond has been posted.
Return Deadline: If the landlord makes no deductions, the full deposit must be returned within 15 days after you vacate the unit. If the landlord intends to make deductions, they must send you an itemized written notice of the claim within 30 days by certified mail to your last known address. You then have 15 days to object in writing. If you do not object, the landlord may deduct the claimed amounts and must return the remaining balance within 30 days of the original notice.
Penalty for Non-Compliance: If the landlord fails to send the required written notice within 30 days, they forfeit the right to make any deductions from the deposit, regardless of any actual damage. Under Fla. Stat. § 83.49(3)(c), if the landlord wrongfully withholds or improperly deducts from your deposit, you may sue for the wrongfully withheld amount plus court costs and attorney's fees.
Eviction proceedings in Key West follow the procedures established by the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.55–83.625) and are heard in Monroe County Court.
Step 1 — Written Notice: Before filing for eviction, the landlord must serve the tenant with the appropriate written notice. The type of notice depends on the reason for eviction:
Step 2 — Filing an Eviction Complaint: If the tenant does not comply with the notice, the landlord may file an eviction complaint (unlawful detainer action) in Monroe County Court. The tenant will be served with a summons and generally has 5 business days to file a written response with the court.
Step 3 — Court Hearing: If the tenant responds, the court schedules a hearing. If the tenant does not respond within 5 business days, the landlord may seek a default judgment. A tenant wishing to contest a non-payment eviction while remaining in the unit must deposit the disputed rent amount into the court registry (Fla. Stat. § 83.60).
Step 4 — Writ of Possession: If the court rules in the landlord's favor, a writ of possession is issued. The Monroe County Sheriff's Office then posts the writ, and the tenant typically has 24 hours to vacate before the sheriff returns to enforce removal.
Self-Help Eviction is Illegal: A landlord cannot lock you out, remove your belongings, shut off utilities, or remove doors or windows to force you to leave. Doing so violates Fla. Stat. § 83.67 and entitles you to damages of at least three months' rent, plus attorney's fees and costs. If you are illegally locked out, call local law enforcement and contact a legal aid organization immediately.
No Just-Cause Requirement: Florida does not require landlords to have a specific reason (just cause) to terminate a month-to-month tenancy or decline to renew a lease. As long as the landlord gives proper advance notice, the tenancy can be ended without explanation — unless the termination is retaliatory under Fla. Stat. § 83.64.
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 does not provide legal representation. If you have a specific legal problem or believe your rights have been violated, you should consult a licensed Florida attorney or contact a qualified legal aid organization in your area. Always verify current statutes and local ordinances directly with official sources before taking action.
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