Last updated: April 2026
New Smyrna Beach is a coastal Volusia County city south of Daytona Beach. Florida banned local rent control in 2023, and state law governs all tenant rights including deposits, eviction notices, and habitability.
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New Smyrna Beach is a coastal city of approximately 28,000 in Volusia County, Florida, known for its arts community and Atlantic beaches. The rental market includes both long-term tenants and vacation rental property. Florida banned local rent control in 2023 (HB 1431), and tenants are governed by Florida's Residential Landlord and Tenant Act (Fla. Stat. Chapter 83).
Community Legal Services of Mid-Florida serves Volusia County and provides free civil legal assistance to income-eligible residents.
New Smyrna Beach has no rent control. Florida's HB 1431 (2023) banned all local rent control and rent stabilization ordinances statewide. Landlords may raise rent at lease renewal by any amount with 15 days' advance written notice for month-to-month tenancies (Fla. Stat. § 83.57).
Florida's Residential Landlord and Tenant Act applies in New Smyrna Beach:
Florida sets no cap on security deposits. Under Fla. Stat. § 83.49, if your landlord intends no deductions, the deposit must be returned within 15 days of move-out. If deductions are intended, the landlord must send written notice within 30 days; you then have 15 days to dispute. A landlord who misses the 30-day notice deadline forfeits all deduction rights. Keep dated photos of the unit at move-in and move-out.
In New Smyrna Beach, landlords must follow Florida's eviction process: 3-day notice for nonpayment, 7-day notice for lease violations, or 15 days for month-to-month non-renewal (Fla. Stat. §§ 83.56–83.57). After the notice period, the landlord files in Volusia County Circuit Court. Self-help eviction is illegal under Fla. Stat. § 83.67; landlords face actual damages plus attorney's fees for unauthorized lockouts or utility shutoffs.
No. Florida's HB 1431 (2023) banned local rent control statewide. Landlords in New Smyrna Beach may raise rent at renewal by any amount with 15 days' advance written notice for month-to-month tenancies.
There is no cap on rent increases. Florida has no statewide rent control and local ordinances are banned. Your landlord must give 15 days' written notice before any increase on a month-to-month lease.
If no deductions: within 15 days. If deductions intended: written notice within 30 days, then you have 15 days to dispute (Fla. Stat. § 83.49). Failure to send the 30-day notice forfeits the right to deduct.
For nonpayment: 3-day pay-or-vacate notice. For lease violations: 7-day notice. For month-to-month non-renewal: 15 days (Fla. Stat. § 83.57). Formal eviction requires filing in Volusia County Circuit Court.
No. Self-help eviction is illegal under Fla. Stat. § 83.67. A landlord who locks you out or cuts utilities without a court order faces liability for actual damages plus attorney's fees. Contact Community Legal Services of Mid-Florida at clsmf.org.
Under Fla. Stat. § 83.56, serve a 7-day written notice demanding repairs. If not resolved, you may terminate the lease or pursue court remedies. Contact Community Legal Services of Mid-Florida at clsmf.org for guidance.
This article is for informational purposes only and does not constitute legal advice. Laws can change; consult a licensed Florida attorney for advice specific to your situation.
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