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Winter Garden is a fast-growing city in Orange County, Florida, situated about 14 miles west of downtown Orlando. The city has seen significant residential development and rising rents in recent years, making tenant rights information especially important for the thousands of renters who call Winter Garden home.
Florida state law governs all landlord-tenant relationships in Winter Garden. Renters here most commonly ask about rent increases, security deposit returns, what notice a landlord must give before terminating a lease, and what to do when a landlord refuses to make repairs. All of these questions are addressed by the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683), which sets the floor for tenant protections statewide.
This article is intended as an informational overview of the laws that apply to Winter Garden renters. It is not legal advice. Laws can change, and your specific situation may require guidance from a licensed attorney or local legal aid organization.
There is no rent control in Winter Garden, and no city or county in Florida may enact rent control. In 2023, the Florida Legislature passed HB 1431, codified at Fla. Stat. § 125.0103, which explicitly prohibits counties and municipalities from enacting, maintaining, or enforcing any ordinance or resolution that controls or limits residential rents or the right of landlords to charge market-rate rents.
This law was particularly significant for Orange County renters: in November 2022, Orange County voters had approved a ballot measure imposing rent caps on apartments. That measure was struck down by HB 1431 before it ever took effect. Winter Garden, as a city within Orange County, lost any potential path to local rent regulation at the same time.
In practice, this means that in Winter Garden, landlords may raise rent by any amount and at any time — provided they give the legally required advance notice before a new rental term begins (15 days for month-to-month tenancies under Fla. Stat. § 83.57). There is no cap on the size of a rent increase, and no requirement that landlords justify increases. Renters whose leases are ending have no legal basis to challenge a higher rent offer under Florida law.
While Winter Garden has no local tenant ordinances, Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683) provides several important protections for renters.
Habitability and Repairs (Fla. Stat. § 83.51 & § 83.56): Landlords in Winter Garden must maintain rental units in a condition that meets applicable building, housing, and health codes, and must keep the roof, windows, doors, floors, plumbing, heating, and electrical systems in good repair. If your landlord fails to address a condition that materially affects your health or safety, you may serve a written 7-day notice requiring the repairs to be made. If the landlord does not comply within that 7-day period, Florida law allows you to terminate the lease or, in limited circumstances, pursue damages in court (Fla. Stat. § 83.56(1)).
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. For week-to-week tenants, 7 days' notice is required. These minimums apply unless your lease specifies a longer notice period.
Anti-Retaliation (Fla. Stat. § 83.64): A landlord may not increase your rent, reduce services, or threaten eviction in retaliation for complaining to a governmental agency about housing code violations, joining a tenant organization, or exercising any right protected under Florida law. If a retaliatory action occurs within one year of a protected activity, there is a legal presumption of retaliation that the landlord must rebut.
Lockout and Utility Shutoff Prohibition (Fla. Stat. § 83.67): Self-help eviction is illegal in Florida. Your landlord cannot remove your doors or locks, remove your personal property from the unit, or intentionally interrupt your electricity, water, or other utilities in order to force you out. If your landlord does any of these things, you may sue for actual damages or three months' rent — whichever is greater — plus attorney's fees and court costs.
Security deposit rules in Winter Garden are governed exclusively by Fla. Stat. § 83.49. Florida law does not cap the amount a landlord may collect as a security deposit, so landlords may require any amount they choose (subject to any limits in the individual lease).
Return Deadline: If the landlord intends to return the full deposit with no deductions, they must do so within 15 days after you vacate the unit. If the landlord intends to make any deductions, they must send you written notice — by certified mail to your last known address — within 30 days of your departure. That notice must itemize every claimed deduction. You then have 15 days from receipt of that notice to object in writing.
Penalty for Non-Compliance: If the landlord fails to send the required written notice of deductions within the 30-day window, they forfeit the right to impose any deductions and must return the full deposit. Florida courts have consistently enforced this forfeiture rule under Fla. Stat. § 83.49(3). If you must sue to recover your deposit, you may also seek court costs and attorney's fees.
Allowable Deductions: Landlords may deduct for unpaid rent and for damage beyond normal wear and tear. Normal wear and tear — such as minor scuffs, faded paint, or carpet worn from ordinary use — cannot be deducted. Document the condition of your unit thoroughly at move-in and move-out to protect your deposit.
The eviction process in Winter Garden is governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. §§ 83.56–83.625) and takes place in the Orange County Court.
Step 1 — Notice: Before filing anything in court, a landlord must serve the tenant with the appropriate written notice. The type of notice depends on the reason for eviction:
Step 2 — Filing and Summons: If you do not pay, cure, or vacate after proper notice, the landlord may file an eviction complaint in Orange County Court. You will be served with a summons and typically have 5 business days to file a written response (Fla. Stat. § 83.60).
Step 3 — Hearing: If you file a response, the court schedules a hearing. If you do not respond in time, the landlord may obtain a default judgment. To contest a nonpayment eviction, Florida law requires you to deposit any disputed rent into the court registry at the time you file your response (Fla. Stat. § 83.60(2)); failure to do so may result in an automatic judgment for the landlord.
Step 4 — Writ of Possession: If the court rules for the landlord, it issues a writ of possession. The Orange County Sheriff then serves the writ, and you typically have 24 hours to vacate before the Sheriff enforces it (Fla. Stat. § 83.62).
Self-Help Eviction is Illegal: A landlord may not lock you out, remove your belongings, or shut off your utilities to force you out without going through the court process. Doing so violates Fla. Stat. § 83.67, and you may sue for damages of three months' rent or actual damages — whichever is greater — plus attorney's fees.
No Just Cause Requirement: Florida does not require landlords to provide a reason for terminating a lease at the end of its term or a month-to-month tenancy. The only protection is the statutory notice period. Retaliation for exercising a legal right, however, is prohibited (Fla. Stat. § 83.64).
This article is provided for general informational purposes only and does not constitute legal advice. The tenant rights information presented here reflects Florida law as of April 2026 and is intended to help renters in Winter Garden understand their general legal protections. Laws change, local circumstances vary, and this content cannot address every situation. If you are facing an eviction, a security deposit dispute, or any other landlord-tenant legal matter, you should consult a licensed Florida attorney or contact a local legal aid organization such as Community Legal Services of Mid-Florida. Do not rely solely on this article when making legal decisions.
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