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Winter Haven is a growing city of roughly 50,000 residents in Polk County, situated in Central Florida between Tampa and Orlando. The city's affordable housing stock and proximity to major employment corridors have attracted a significant renter population, and many tenants search for clarity on their rights around rent increases, eviction procedures, and deposit returns.
All tenant protections in Winter Haven flow from Florida state law — specifically Chapter 83, Part II of the Florida Statutes (the Florida Residential Landlord and Tenant Act). The City of Winter Haven has not enacted any local tenant rights ordinances, rent stabilization measures, or just cause eviction requirements beyond what the state provides. Polk County similarly has no supplementary tenant protections on the books.
This article explains the state-level protections that apply to every Winter Haven renter, including security deposit rules, habitability standards, anti-retaliation provisions, and eviction procedures. This content is informational only and does not constitute legal advice. If you are facing eviction or a serious housing dispute, contact a qualified attorney or free legal aid provider.
Winter Haven has no rent control, and Florida law prohibits any local government from enacting it. In 2023, the Florida Legislature passed HB 1431, which amended Fla. Stat. § 125.0103 (counties) and Fla. Stat. § 166.043 (municipalities) to expressly preempt local rent control ordinances statewide. The law was signed by the Governor and took effect immediately, nullifying a rent stabilization measure that Orange County voters had approved at the ballot box in November 2022.
In practical terms, this means no city or county in Florida — including Winter Haven and Polk County — may cap how much a landlord charges for rent, limit annual rent increases, or regulate rental pricing in any form. A Winter Haven landlord may raise rent by any amount at the end of a lease term or, for month-to-month tenants, with proper advance notice. There is no percentage cap, no consumer price index tie, and no approval process required.
Renters who receive a rent increase notice should verify that the landlord has provided the legally required notice period before the increase takes effect (15 days for month-to-month tenancies under Fla. Stat. § 83.57), but beyond that procedural requirement, no Florida law limits the size of the increase itself.
Although Winter Haven has no local tenant ordinances, Florida's Residential Landlord and Tenant Act (Fla. Stat. §§ 83.40–83.683) provides several meaningful protections for renters throughout the state.
Habitability & Repairs (Fla. Stat. § 83.51): Landlords must maintain rental units in compliance with applicable building, housing, and health codes. They must keep roofs, windows, doors, floors, plumbing, heating, and electrical systems in good working order. If a landlord fails to make essential repairs after proper written notice, a tenant may serve a 7-day written notice of noncompliance under Fla. Stat. § 83.56(1). If the landlord still does not act, the tenant may have the right to terminate the lease or pursue other legal remedies.
Security Deposits (Fla. Stat. § 83.49): Landlords must hold deposits in a Florida bank account or post a surety bond. They must return the deposit within 15 days if making no deductions, or send a written notice of intended deductions within 30 days. The tenant then has 15 days to object in writing. A landlord who fails to send timely written notice forfeits the right to make any deductions.
Notice to Terminate (Fla. Stat. § 83.57): For month-to-month tenancies, either party must give 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. Failure to provide proper notice can affect the legality of the termination.
Anti-Retaliation (Fla. Stat. § 83.64): A landlord may not increase rent, decrease services, threaten eviction, or take any retaliatory action against a tenant who has complained to a government agency about a housing code violation, joined a tenant organization, or exercised any legal right under the lease or Florida law. A court may presume retaliation if adverse action occurs within one year of a protected activity.
Prohibition on Lockouts & Utility Shutoffs (Fla. Stat. § 83.67): Self-help eviction is illegal in Florida. A landlord may not remove a tenant's belongings, remove or disable doors or locks, or intentionally interrupt electricity, water, or other utilities in order to force a tenant out. Violations entitle the tenant to sue for actual and consequential damages plus attorney's fees.
Florida law under Fla. Stat. § 83.49 governs security deposits for all Winter Haven rentals. There is no statutory cap on the amount a landlord may charge for a security deposit — a landlord may request any amount they and the tenant agree to in the lease.
How the deposit must be held: The landlord must place the deposit in a separate, non-commingled Florida bank account or post a surety bond with the clerk of court equal to the deposit amount. Within 30 days of receiving the deposit, the landlord must provide written notice stating where the deposit is held and the account number (or that a surety bond has been posted).
Return deadline — no deductions: If the landlord intends to return the full deposit with no deductions, they must do so within 15 days after the tenancy ends and the tenant vacates the unit.
Return deadline — with deductions: If the landlord intends to make any deductions, they must send the tenant a written notice of the claim by certified mail to the tenant's last known address within 30 days of the tenancy ending. The notice must itemize each deduction. The tenant then has 15 days to object in writing. If the tenant does not object, the landlord may deduct the claimed amounts and must return the remainder within 30 days of the original notice.
Penalty for noncompliance: A landlord who fails to give the required written notice within 30 days forfeits all right to retain any portion of the deposit for damages. The tenant may then sue for the full deposit plus court costs. Under Fla. Stat. § 83.49(3)(c), willful noncompliance may also entitle the tenant to attorney's fees.
Evictions in Winter Haven follow the procedures set out in Fla. Stat. §§ 83.55–83.625. Florida law does not require a landlord to have just cause to end a month-to-month tenancy — they simply must provide the required advance notice. However, the formal eviction process must follow specific legal steps; a landlord may not remove a tenant by force, lockout, or utility shutoff.
Step 1 — Written Notice: Before filing for eviction, a landlord must serve the tenant with written notice. The type of notice depends on the reason:
Step 2 — Filing the Complaint: If the tenant does not comply with the notice, the landlord may file an eviction complaint (unlawful detainer action) with the Polk County Clerk of Court. The tenant is served with a summons and typically has 5 business days to file a written response.
Step 3 — Court Hearing: The court schedules a hearing. If the tenant has paid any disputed rent into the court registry (required by Fla. Stat. § 83.60 to contest a nonpayment eviction), the court will consider the tenant's defenses. If the tenant does not respond, the landlord may obtain a default judgment.
Step 4 — Writ of Possession: If the court rules for the landlord, a writ of possession is issued. The Polk County Sheriff's Office serves the writ and gives the tenant 24 hours to vacate before physically removing them.
Self-Help Eviction is Illegal: Under Fla. Stat. § 83.67, a landlord who locks out a tenant, removes their belongings, or shuts off utilities without a court order is liable for actual damages, consequential damages, and attorney's fees. Tenants in this situation should document everything and contact legal aid immediately.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws and local ordinances can change, and the accuracy of this content is not guaranteed beyond its last updated date of April 2026. If you are facing eviction, a security deposit dispute, or any other housing legal matter, you should consult a licensed Florida attorney or contact a qualified legal aid organization in your area. RentCheckMe is not a law firm and does not provide legal representation.
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