Want to skip straight to checking your own building? Use the RentCheckMe address checker.
South Daytona is a small city of roughly 12,000 residents in Volusia County, situated along the Halifax River just south of Daytona Beach. The local rental market is shaped by the region's tourism economy, proximity to the beach corridor, and a significant share of year-round renters who rely on apartments and single-family rentals. Renters in South Daytona most commonly search for information on security deposit returns, eviction procedures, and what rights they have when a landlord fails to make repairs.
South Daytona has no local tenant protection ordinances beyond what Florida state law provides. All tenant rights in the city flow from the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683). This includes protections around habitability, security deposits, notice before termination, retaliation, and illegal lockouts. Florida law does not provide rent control anywhere in the state, and a 2023 state law specifically bars any local government from enacting rent caps.
This page is a summary of applicable law as of April 2026 and is intended for informational purposes only. It is not legal advice. Laws can change and individual circumstances vary — if you face an eviction, a deposit dispute, or a habitability problem, contact a licensed Florida attorney or a local legal aid organization for guidance specific to your situation.
South Daytona has no rent control, and no Florida city or county may enact rent control. In 2023, the Florida Legislature passed HB 1431, which eliminated the ability of local governments to adopt or enforce any ordinance capping residential rents. This law, codified at Fla. Stat. § 125.0103 (counties) and § 166.021(8) (municipalities), expressly preempts the field of rental rates and voids any such local regulation — including a rent stabilization measure that Orange County voters had approved by ballot in 2022.
In practical terms, this means a landlord in South Daytona can raise rent by any amount when a lease expires, as long as they give the appropriate notice. For month-to-month tenants, the landlord must provide at least 15 days' written notice before the end of a rental period before increasing rent or terminating the tenancy (Fla. Stat. § 83.57). There is no cap on the size of an increase, no requirement to justify it, and no local board to appeal to. Renters should review their lease carefully for any contractual limitations on mid-lease increases, which remain enforceable during a fixed lease term.
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683) provides the following key protections for South Daytona renters:
Habitability (Fla. Stat. § 83.51): Landlords must maintain rental units in a condition that complies with applicable building, housing, and health codes. They must keep the roof, walls, floors, plumbing, heating, and electrical systems in working order. If a landlord fails to maintain the premises, a tenant may serve a written 7-day notice to repair. If the problem is not corrected, the tenant may terminate the lease or, in certain circumstances, pursue court remedies (Fla. Stat. § 83.56(1)).
Security Deposits (Fla. Stat. § 83.49): Landlords must hold security deposits in a Florida banking institution or post a surety bond. If no deductions are made, the deposit must be returned within 15 days of the tenant vacating. If deductions are claimed, the landlord must send written notice of the claim within 30 days; the tenant then has 15 days to object in writing. A landlord who fails to follow this process forfeits the right to make any deduction.
Notice to Terminate (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 monthly period. Week-to-week tenants must receive at least 7 days' notice. Failure to provide proper notice renders the termination ineffective.
Eviction for Nonpayment or Lease Violations (Fla. Stat. § 83.56): Before filing for eviction based on nonpayment of rent, a landlord must first deliver a written 3-day notice to pay rent or vacate. For material lease violations, the landlord must provide a 7-day notice to cure the violation or vacate, or a 7-day unconditional quit notice for repeat or incurable violations.
Anti-Retaliation (Fla. Stat. § 83.64): A landlord may not raise rent, reduce services, threaten eviction, or otherwise retaliate against a tenant for complaining to a government agency about code violations, organizing or joining a tenant association, or exercising any legal right under Florida law. Retaliation is presumed if the adverse action occurs within one year of a protected activity.
Lockouts and Utility Shutoffs (Fla. Stat. § 83.67): It is unlawful for a landlord to remove the tenant's belongings, remove doors or windows, or intentionally interrupt utility services (electricity, water, gas, heat, or air conditioning) to force a tenant out. Tenants who experience an illegal lockout or utility shutoff may recover actual damages or three months' rent, whichever is greater, plus attorney's fees and court costs.
Florida law governs security deposits for all South Daytona rentals under Fla. Stat. § 83.49. There is no statutory cap on the amount a landlord may collect as a security deposit in Florida — the amount is set by negotiation and stated in the lease.
Holding Requirements: The landlord must hold the security deposit in one of three ways: (1) a separate non-interest-bearing account at a Florida bank or savings institution; (2) a separate interest-bearing account, with interest paid to the tenant annually and upon termination; or (3) a surety bond posted with the clerk of the circuit court. The landlord must notify the tenant in writing within 30 days of receiving the deposit, identifying the institution and account, or the posting of the bond.
Return Deadline: If the landlord makes no deductions, the deposit (and any accrued interest) must be returned within 15 days after the tenant surrenders the unit. If the landlord intends to make deductions, they must send written notice of the specific claims to the tenant's last known address within 30 days. The tenant then has 15 days to respond in writing objecting to the deductions.
Penalty for Non-Compliance: A landlord who fails to send the required written notice of deductions within 30 days forfeits the right to impose any deduction — the entire deposit must be returned. If a landlord wrongfully withholds a deposit in bad faith, a tenant may sue and recover the deposit amount plus attorney's fees under Fla. Stat. § 83.49(3)(c). Tenants should always document the condition of the unit at move-in and move-out with photos and written records.
Evictions in South Daytona follow the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.55–83.625) and are handled in the Volusia County Court. The process requires specific written notices before any court filing, and self-help eviction by the landlord is strictly prohibited.
Step 1 — Required Written Notice: The type of notice depends on the reason for eviction:
• Nonpayment of rent: 3-day written notice to pay or vacate (Fla. Stat. § 83.56(3)). Weekends and legal holidays are excluded from the 3-day count.
• Curable lease violation: 7-day written notice to cure or vacate (Fla. Stat. § 83.56(2)(b)).
• Incurable or repeat violation: 7-day unconditional notice to vacate (Fla. Stat. § 83.56(2)(a)).
• Month-to-month termination without cause: 15-day written notice before end of the rental period (Fla. Stat. § 83.57).
Step 2 — Filing the Eviction Complaint: If the tenant does not comply with the notice, the landlord may file an eviction complaint with the Volusia County Clerk of Court. The tenant is served with a summons and has 5 business days to file a written response (answer) with the court.
Step 3 — Court Hearing: If the tenant responds, the court schedules a hearing. If the tenant does not respond, the landlord may request a default judgment. Tenants contesting a nonpayment eviction must pay the disputed rent into the court registry when filing their answer (Fla. Stat. § 83.60).
Step 4 — Writ of Possession: If the court rules in the landlord's favor, the clerk issues a Writ of Possession. The Volusia County Sheriff's Office enforces the writ by posting a 24-hour notice on the door, after which the tenant must vacate or be removed.
Self-Help Eviction is Illegal (Fla. Stat. § 83.67): A landlord cannot lock out a tenant, remove exterior doors or windows, or shut off utilities (electricity, water, heat, air conditioning) to force a tenant to leave — even if the tenant owes rent. A tenant subjected to an illegal self-help eviction is entitled to recover the greater of actual damages or three months' rent, plus reasonable attorney's fees and court costs.
No Just-Cause Requirement: Florida law does not require a landlord to state a reason for ending a month-to-month tenancy. However, a termination that appears retaliatory may be challenged 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 individual circumstances vary significantly. South Daytona renters facing eviction, deposit disputes, habitability issues, or other legal problems should consult a licensed Florida attorney or contact a qualified legal aid organization. RentCheckMe makes no warranty as to the accuracy or completeness of this information, and the presence of this content does not create an attorney-client relationship.
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.