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.·Updated April 2026
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Key Takeaways
Learn whether rent control exists in New Smyrna Beach or anywhere in Florida.
Review Florida's deposit-return timeline and how renters can recover wrongfully withheld funds.
See the lease-end notice Florida requires landlords to give tenants.
Check whether just-cause eviction protections cover renters in New Smyrna Beach.
Find out whether New Smyrna Beach layers additional tenant protections on top of Florida law.
Community Legal Services of Mid-Florida (clsmf.org), Florida Legal Services (floridalegal.org)
1. Overview: Tenant Rights in New Smyrna Beach
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.
2. Does New Smyrna Beach Have Rent Control?
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).
3. Florida State Tenant Protections That Apply in New Smyrna Beach
Florida's Residential Landlord and Tenant Act applies in New Smyrna Beach:
Security deposit: No cap. If no deductions: return within 15 days. If deductions planned: 30-day written notice; tenant has 15 days to object. Failure forfeits deduction rights (Fla. Stat. § 83.49).
Notice to terminate: 15 days for month-to-month tenancies (Fla. Stat. § 83.57).
Habitability: 7-day written notice for essential repairs; if unresolved, tenant may terminate or pursue other remedies (Fla. Stat. § 83.56).
Retaliation protection: Prohibited for housing complaints, inspector contacts, or exercise of legal rights (Fla. Stat. § 83.64).
Lockout/utility prohibition: Self-help eviction entitles you to actual damages plus attorney's fees (Fla. Stat. § 83.67).
4. Security Deposit Rules 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.
5. Eviction Process and Your Rights in New Smyrna Beach
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.
6. Resources for New Smyrna Beach Tenants
Community Legal Services of Mid-Florida: Free legal help for income-eligible Volusia County residents — clsmf.org
Florida Legal Services: Statewide tenant rights resources — floridalegal.org
Volusia County Circuit Court: Eviction filings and court records — clerk.org
Florida AG – Landlord/Tenant Guide: Official overview of Florida tenant rights — myfloridalegal.com
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.
Check Your Address
Find out if your home is covered by rent control or tenant protections.
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.
How much can my landlord raise my rent in New Smyrna Beach?
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.
How long does my landlord have to return my security deposit in New Smyrna Beach?
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.
What notice does my landlord need before evicting me in New Smyrna Beach?
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.
Can my landlord lock me out or shut off utilities in New Smyrna Beach?
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.
What can I do if my landlord refuses to make repairs in New Smyrna Beach?
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.
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