Tenant Rights in St. Augustine, Florida

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1. Overview: Tenant Rights in St. Augustine

St. Augustine is one of the oldest continuously occupied European-established settlements in the United States and a growing residential city in St. Johns County. As the city's tourism economy and historic district attract new residents, the rental market has tightened, making it more important than ever for renters to understand their legal rights.

Florida state law governs the landlord-tenant relationship for all St. Augustine renters. There are no local ordinances in St. Augustine or St. Johns County that add protections beyond state law. Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) covers everything from security deposits and habitability to eviction procedures and illegal lockouts. Renters most commonly search for information about rent increases, deposit returns, and what to do when a landlord refuses to make repairs — all of which are addressed under state law.

This page provides a plain-language summary of the rights and remedies available to St. Augustine tenants under Florida law. It is informational only and does not constitute legal advice. Laws can change, and individual situations vary — consult a licensed Florida attorney or a local legal aid organization if you have a specific legal concern.

2. Does St. Augustine Have Rent Control?

There is no rent control in St. Augustine, and no city or county in Florida may enact it. In 2023, the Florida Legislature passed HB 1431, which amended Fla. Stat. § 125.0103 (for counties) and § 166.043 (for municipalities) to expressly prohibit local governments from enacting or enforcing any ordinance that controls the amount of rent charged for private residential property. This law was enacted specifically to override rent stabilization ballot measures that had passed in Orange County and elsewhere, and it applies statewide — including St. Augustine and St. Johns County.

In practical terms, this means your landlord can raise your rent by any amount at the end of a lease term or, for month-to-month tenancies, with proper written notice. There is no cap, no percentage limit, and no requirement that a landlord justify a rent increase. The only procedural protection renters have against rent increases is the right to proper advance notice before a new rent amount takes effect, and the prohibition against retaliatory rent increases under Fla. Stat. § 83.64.

3. Florida State Tenant Protections That Apply in St. Augustine

Although St. Augustine has no local tenant ordinances, Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.682) provides meaningful protections in several key areas:

Habitability and Repairs (Fla. Stat. § 83.51 & § 83.56): Landlords must maintain rental units in compliance with applicable building, housing, and health codes and must keep the roof, windows, doors, floors, plumbing, and heating systems in good repair. If your landlord fails to make essential repairs after you provide a written 7-day notice of the problem, you may have the right to terminate your lease, withhold rent (following strict legal procedures), or seek other remedies under Fla. Stat. § 83.56. You must follow the exact notice procedures or you risk losing your remedies.

Security Deposit Rules (Fla. Stat. § 83.49): Landlords must return your deposit within 15 days of you vacating if they make no deductions, or send you a written notice of intended deductions within 30 days. You then have 15 days to object in writing. A landlord who fails to send timely written notice forfeits the right to make any deductions at all.

Notice to Terminate (Fla. Stat. § 83.57): Month-to-month tenants must receive at least 15 days' written notice before the end of a rental period to terminate the tenancy. Week-to-week tenants are entitled to 7 days' notice. These minimums cannot be waived by a lease agreement.

Anti-Retaliation Protection (Fla. Stat. § 83.64): A landlord may not increase your rent, reduce services, threaten eviction, or take any adverse action in retaliation for complaining to a housing or code enforcement agency, joining a tenants' union or organization, or exercising any right granted under Florida law. Retaliation within 12 months of a protected activity creates a rebuttable presumption in your favor in court.

Prohibition on Illegal Lockouts and Utility Shutoffs (Fla. Stat. § 83.67): Florida law expressly forbids self-help eviction. Your landlord cannot remove doors or windows, change or add locks, remove your belongings, or intentionally interrupt your electricity, water, or other utilities in order to force you out. Violation entitles you to recover actual and consequential damages or three months' rent, whichever is greater, plus attorney's fees and court costs.

4. Security Deposit Rules in St. Augustine

Security deposit rules for St. Augustine renters are governed entirely by Fla. Stat. § 83.49. Florida does not cap the amount a landlord may charge as a security deposit — your landlord may require any amount they choose, though it must be agreed upon in your lease.

Holding Requirements: Landlords who hold a deposit of more than one month's rent must keep it in a Florida banking institution, either in a separate non-interest-bearing account, a separate interest-bearing account (in which case tenants receive at least 75% of annualized interest or a simple interest rate of 5% per year, whichever the landlord elects), or post a surety bond. The landlord must disclose the account or bond information to you in writing within 30 days of receiving the deposit.

Return Deadline: If your landlord intends to make no deductions, they must return your deposit within 15 days after you vacate. If they intend to make deductions, they must send you a written itemized notice of the claim by certified mail to your last known address within 30 days of your vacating. You then have 15 days to object in writing. If you do not object, the landlord may deduct the claimed amount.

Penalty for Non-Compliance: A landlord who fails to send the required written notice of deductions within 30 days forfeits all right to retain any portion of the deposit. You can sue to recover the full deposit plus court costs and attorney's fees under Fla. Stat. § 83.49(3)(c).

Practical Tips: Always document the condition of the unit at move-in and move-out with dated photos and a written checklist. Provide your landlord with a forwarding address in writing when you vacate to ensure proper notice reaches you.

5. Eviction Process and Your Rights in St. Augustine

Eviction procedures for St. Augustine rental properties are governed by Fla. Stat. §§ 83.56–83.625. Florida does not require a landlord to have just cause (a specific reason) to evict a month-to-month tenant — they need only give proper written notice and follow the legal process.

Step 1 — Written Notice: Before filing with the court, a landlord must serve you with a written notice. The type and length of notice depends on the reason:

• 3-Day Notice to Pay or Quit: For non-payment of rent, the landlord must give you 3 business days (excluding weekends and legal holidays) to pay the full amount owed or vacate (Fla. Stat. § 83.56(3)).
• 7-Day Notice to Cure or Quit: For curable lease violations (e.g., unauthorized pet, noise), the landlord must give 7 days to fix the problem (Fla. Stat. § 83.56(2)(b)).
• 7-Day Unconditional Quit Notice: For repeat violations within 12 months or certain serious violations, the landlord may give 7 days to vacate with no option to cure (Fla. Stat. § 83.56(2)(a)).
• 15-Day Notice (Month-to-Month Termination): If the landlord simply wants to end your month-to-month tenancy without cause, they must give 15 days' written notice before the end of the rental period (Fla. Stat. § 83.57).

Step 2 — Filing in County Court: If you do not comply with the notice, the landlord may file an eviction complaint in St. Johns County Court. You will be served with a summons and typically have 5 business days to file a written response (answer).

Step 3 — Hearing and Judgment: The court schedules a hearing. If rent is the issue and you dispute the amount, you may be required to deposit the claimed rent amount into the court registry. The judge will hear both sides and, if the landlord prevails, issue a Final Judgment for Possession.

Step 4 — Writ of Possession: If you do not vacate after the Final Judgment, the landlord can request a Writ of Possession from the court clerk. A St. Johns County Sheriff's deputy will post a 24-hour notice and then physically remove you and your belongings if you remain.

Self-Help Eviction Is Illegal: A landlord cannot remove you by changing locks, removing doors or windows, cutting off utilities, or removing your belongings. These actions violate Fla. Stat. § 83.67 and entitle you to damages of three months' rent or your actual damages, whichever is greater, plus attorney's fees.

6. Resources for St. Augustine Tenants

• Florida Legal Services — Statewide nonprofit providing free civil legal assistance including housing, eviction defense, and landlord-tenant matters for low-income Floridians.
• Community Legal Services of Mid-Florida — Free legal help for renters in Central Florida, including St. Johns County and surrounding areas; handles eviction defense, habitability, and deposit disputes.
• Bay Area Legal Services — Free legal aid for low-income residents across the Tampa Bay region and parts of Northeast Florida; tenant rights representation available.
• Florida Attorney General — Landlord/Tenant Guide — Official state resource explaining Florida's landlord-tenant laws, your rights as a renter, and how to file a complaint.
• Legal Services of Greater Miami — Free civil legal services for low-income residents; primarily serves Miami-Dade but maintains statewide referral resources for Florida renters.
• St. Johns County Government — County offices for code enforcement and housing; contact the county for building code complaints and habitability inspections in unincorporated areas and the City of St. Augustine.

Frequently Asked Questions