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West Park is a small city in Broward County, Florida, bordered by Hollywood and Pembroke Park. Despite its modest size, a significant share of West Park residents are renters who face the same pressures as tenants across South Florida — rising rents, concerns about habitability, and questions about their rights when disputes arise with landlords.
Florida's landlord-tenant law, primarily found in Chapter 83 of the Florida Statutes, governs the rights and responsibilities of both landlords and tenants throughout the state, including West Park. The law addresses critical issues such as security deposit handling, required notice before termination, habitability standards, and protections against illegal eviction tactics. West Park has not enacted any local tenant protections beyond these state requirements.
This page is intended as an informational overview of the laws that apply to West Park renters. It is not legal advice. If you are facing an eviction, a habitability dispute, or believe your landlord has violated your rights, contact a licensed Florida attorney or a local legal aid organization for guidance specific to your situation.
West Park has no rent control, and Florida law prohibits any local government from enacting it. In 2023, the Florida Legislature passed HB 1431, which was signed into law and codified at Fla. Stat. § 125.0103 (for counties) and related provisions. This law expressly preempts all local rent stabilization or rent control ordinances across the entire state, voiding even voter-approved measures such as one that had passed in Orange County.
In practical terms, this means your landlord in West Park can raise your rent by any amount at the end of a lease term or upon proper notice for a month-to-month tenancy. There is no cap, no required justification, and no city or county agency that can intervene to limit rent increases. The only protection a tenant has against a rent increase is to negotiate a fixed-term lease, since rent cannot be raised mid-lease without your agreement.
If you receive notice of a significant rent increase, your options are to accept the new terms, negotiate with your landlord, or give the required notice to vacate under Fla. Stat. § 83.57. Legal aid organizations can advise you if you believe a rent increase is being used as a form of retaliation (see retaliation protections under Fla. Stat. § 83.64).
Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683) provides West Park renters with several important protections:
Habitability and Repairs (Fla. Stat. § 83.51 & § 83.56): Landlords must maintain rental units in a condition that meets building, housing, and health codes, and must keep plumbing, heating, and structural elements in working order. If your landlord fails to make essential repairs, you must first serve a written 7-day notice specifying the problem. If the landlord still fails to act, you may terminate the lease or pursue other statutory remedies under Fla. Stat. § 83.56. Tenants must continue paying rent during this process unless a court orders otherwise.
Security Deposit Rules (Fla. Stat. § 83.49): Landlords must hold security deposits in a Florida bank account and notify you in writing within 30 days of receiving the deposit, stating whether it is held in an interest-bearing account. Upon move-out, if the landlord claims no deductions, the deposit must be returned within 15 days. If deductions are claimed, the landlord must send written notice of the itemized claim within 30 days; you then have 15 days to dispute it. A landlord who fails to follow this procedure forfeits the right to make any deductions.
Notice to Terminate Tenancy (Fla. Stat. § 83.57): A landlord must give a month-to-month tenant 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. For nonpayment of rent, the landlord must give a 3-day written notice (excluding weekends and legal holidays) to pay or vacate before filing for eviction (Fla. Stat. § 83.56(3)).
Anti-Retaliation Protection (Fla. Stat. § 83.64): A landlord may not increase rent, reduce services, threaten eviction, or take any adverse action against a tenant in retaliation for complaining to a building inspector or government agency, joining or organizing a tenants' union, or exercising any right protected by law. Retaliation is presumed if adverse action occurs within one year of a protected activity. A tenant who proves retaliation may recover actual damages, attorney's fees, and court costs.
Lockout and Utility Shutoff Prohibition (Fla. Stat. § 83.67): It is illegal for a landlord to remove doors or windows, change or add locks, cut off utilities, or take any other self-help measure to force a tenant out without going through the formal court eviction process. Violations entitle the tenant to sue for actual and consequential damages, plus attorney's fees.
Florida law (Fla. Stat. § 83.49) governs how landlords in West Park must handle security deposits. There is no statutory cap on the amount a landlord may charge as a security deposit in Florida, so the amount is set by the terms of your lease.
Holding Requirements: The landlord must deposit the funds in a separate Florida bank account — either interest-bearing (with interest paid to the tenant) or non-interest-bearing — and must notify you in writing within 30 days of receipt, disclosing the name and address of the depository institution and whether interest will be paid.
Return Deadline: If the landlord makes no deductions, the full deposit must be returned within 15 days after you vacate. If the landlord intends to make deductions, they must send you a written, itemized notice of the claim within 30 days of your departure. You then have 15 days to object in writing. If the landlord fails to send this notice within 30 days, they forfeit all right to retain any portion of the deposit.
Penalties for Non-Compliance: A landlord who wrongfully withholds a security deposit — or fails to follow the required notice procedures — can be sued for the full deposit amount plus court costs and attorney's fees under Fla. Stat. § 83.49(3). If the landlord acts in bad faith, a court may award additional damages.
Practical Tip: Document the condition of the unit at move-in and move-out with dated photographs. Send your forwarding address to your landlord in writing so there is no dispute about where the deposit was to be returned.
Evictions in West Park follow Florida's statutory process under Fla. Stat. §§ 83.56–83.625. A landlord cannot remove a tenant without going through the court system.
Step 1 — Written Notice: Before filing for eviction, the landlord must give the appropriate written notice depending on the reason:
Step 2 — Filing in Court: If the tenant does not comply with the notice, the landlord may file an eviction complaint in Broward County Court. The tenant is served with a summons and has 5 business days to file a written response (answer).
Step 3 — Hearing and Judgment: If the tenant contests the eviction, the court schedules a hearing. If the landlord prevails, the court issues a Final Judgment for Possession. The clerk then issues a Writ of Possession.
Step 4 — Writ of Possession: A Broward County Sheriff's deputy posts the Writ of Possession, giving the tenant 24 hours to vacate before the sheriff returns to supervise removal of the tenant and their belongings.
No Just Cause Required: Florida does not require landlords to have just cause to terminate a tenancy at the end of a lease or upon proper notice for a month-to-month tenancy. However, termination cannot be retaliatory (Fla. Stat. § 83.64).
Self-Help Eviction is Illegal: Under Fla. Stat. § 83.67, a landlord who locks you out, removes doors or windows, cuts utilities, or takes any extrajudicial action to force you out is liable for actual damages, consequential damages, and attorney's fees. If this happens to you, contact local law enforcement and a legal aid attorney immediately.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. For advice about your particular circumstances, consult a licensed Florida attorney or contact a local legal aid organization. RentCheckMe makes no warranty as to the accuracy or completeness of this information, and is not responsible for actions taken in reliance on it.
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