Tenant Rights in Port Orange, Florida

Last updated: April 2026

Port Orange is a 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 protections.

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Key Takeaways

Rent Control: No rent control. Florida banned local rent control ordinances statewide in 2023 (HB 1431).
Security Deposit: No statutory cap. If no deductions: return within 15 days. If deductions: 30-day notice to tenant, then 15 days to object (Fla. Stat. § 83.49).
Notice to Vacate: 15 days' written notice required to terminate a month-to-month tenancy (Fla. Stat. § 83.57).
Just Cause Eviction: No just-cause requirement. Landlords may decline to renew for any lawful, non-discriminatory reason.
Local Resources: Community Legal Services of Mid-Florida (clsmf.org), Florida Legal Services (floridalegal.org)

1. Overview: Tenant Rights in Port Orange

Port Orange is a city of approximately 62,000 in Volusia County, Florida, situated south of Daytona Beach along the Halifax River. Florida banned local rent control in 2023 through HB 1431, preempting even voter-approved measures. Tenants in Port Orange are governed by Florida's Residential Landlord and Tenant Act (Fla. Stat. Chapter 83), which sets rules on security deposits, notice requirements, habitability, and eviction procedures.

Community Legal Services of Mid-Florida serves Volusia County and provides free civil legal help to income-eligible tenants.

2. Does Port Orange Have Rent Control?

Port Orange has no rent control. Florida's HB 1431 (2023) banned all local rent control and rent stabilization ordinances statewide, overriding even ballot measures that had passed in some Florida counties. 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 Port Orange

Florida's Residential Landlord and Tenant Act applies in Port Orange:

Security deposit: No statutory cap. If no deductions: return within 15 days. If deductions planned: landlord must give written notice of intent within 30 days; tenant has 15 days to object. Failure to follow the process forfeits the right to deduct (Fla. Stat. § 83.49).
Notice to terminate: 15 days for month-to-month tenancies; 7 days for week-to-week (Fla. Stat. § 83.57).
Habitability: Landlords must maintain habitable premises. Tenants may serve a 7-day written notice; if unresolved, may terminate the lease or pursue other remedies (Fla. Stat. § 83.56).
Retaliation protection: Prohibited for complaints to housing inspectors, joining tenant organizations, or exercising legal rights (Fla. Stat. § 83.64).
Lockout/utility prohibition: Self-help eviction is illegal; landlords face actual damages plus attorney's fees (Fla. Stat. § 83.67).

4. Security Deposit Rules in Port Orange

Under Fla. Stat. § 83.49, Florida sets no cap on security deposits in Port Orange. If the landlord intends to make no deductions, the deposit must be returned within 15 days after move-out. If the landlord intends to make deductions, they must send written notice of the claim within 30 days. You then have 15 days to dispute the claim in writing. A landlord who fails to send the 30-day notice forfeits the right to make any deduction.

Florida also requires landlords to hold your deposit in a separate non-commingled bank account or post a surety bond. Document your unit at move-in and move-out with dated photos.

5. Eviction Process and Your Rights in Port Orange

In Port Orange, landlords must follow Florida's eviction process. For nonpayment of rent, the landlord must first serve a 3-day written notice to pay rent or vacate (Fla. Stat. § 83.56). For lease violations, a 7-day notice to cure or vacate is required. For month-to-month non-renewal, 15 days' notice is required (Fla. Stat. § 83.57). After the notice period, the landlord files in Volusia County Circuit Court.

Self-help eviction — removing doors, locking you out, or cutting off utilities to force you to leave — is illegal under Fla. Stat. § 83.67 and entitles you to actual damages plus attorney's fees. Only the Volusia County Sheriff can execute formal eviction orders after a court judgment.

6. Resources for Port Orange Tenants

Community Legal Services of Mid-Florida: Free civil 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 — volusiasheriff.org
Florida AG – Landlord/Tenant Guide: Official overview — myfloridalegal.com

Frequently Asked Questions

Does Port Orange have rent control?

No. Florida's HB 1431 (2023) banned local rent control statewide. Landlords in Port Orange 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 Port Orange?

There is no cap on rent increases. Florida has no statewide rent control and local rent control is 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 Port Orange?

If no deductions: within 15 days. If deductions are 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 Port Orange?

For nonpayment: 3-day pay-or-vacate notice (Fla. Stat. § 83.56). For lease violations: 7-day notice to cure or vacate. For month-to-month non-renewal: 15 days' notice (Fla. Stat. § 83.57). Formal eviction requires a Volusia County Circuit Court filing.

Can my landlord lock me out or shut off utilities in Port Orange?

No. Self-help eviction is illegal under Fla. Stat. § 83.67. A landlord who removes doors, locks you out, or cuts off utilities faces liability for actual damages plus attorney's fees. Contact Community Legal Services of Mid-Florida at clsmf.org immediately.

What can I do if my landlord refuses to make repairs in Port Orange?

Under Fla. Stat. § 83.56, serve a 7-day written notice demanding repairs. If unresolved, you may be able to terminate the lease or pursue other 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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