Hillsborough County Tenant Bill of Rights: What Tampa Landlords Need to Know

Hillsborough County added an extra layer of rules — then the state preempted most of it

If you own a rental property in unincorporated Hillsborough County, Florida Statute 83 isn't the whole story. In March 2021, the county passed Ordinance 21-7 — the Tenant Bill of Rights — adding local requirements for landlords. Not in Tampa proper. Just unincorporated Hillsborough.

And here's the twist: in July 2023, the state enacted HB 1417, which preempted local landlord-tenant rules to the state. The ordinance's notice, disclosure and fee duties can no longer be enforced against a landlord. Most Tampa landlords have no idea what that means for them day-to-day.

Let's break it down.

What did the Tenant Bill of Rights require?

The ordinance created four main requirements for landlords in unincorporated Hillsborough County:

1. 60-day notice for rent increases over 5%.If you were raising rent by more than 5% on a lease renewal, the ordinance required at least 60 days' written notice to the tenant. That's double what most landlords think they owe. For context, state law underFL Statute 83.57requires 30 days' notice to terminate a month-to-month tenancy — but doesn't specifically regulate how much advance notice you give for a rent increase on a fixed-term lease. The county ordinance filled that gap until 83.425 preempted local notice requirements, so the 60-day rule no longer binds you.

2. Source of income protection.The ordinance bars denying a tenant based on their source of income — including Section 8 Housing Choice Vouchers, Social Security, disability payments, or housing assistance. This is a bigger deal than most landlords realize. Florida has no statewide source of income protection. The federal Fair Housing Act doesn't cover it either. The ordinance sets a $500 fine for rejecting someone because they're paying with aTampa Housing Authorityvoucher. Whether that rule still binds landlords after 83.425 is unsettled: the statute doesn't name source of income, but it preempts "all other matters covered under this part." Federal fair-housing law still applies to its protected classes either way, so check with the county before you rely on the rule or ignore it.

3. Written late fee notice.Before charging a late fee, landlords had to send the tenant a separate written notice that included the amount, the justification, and whether the fee continued to accrue. Putting the late fee terms in the lease wasn't enough — the ordinance required a standalone written notice each time. Fees charged by the landlord and notice requirements are both on 83.425's preempted list, so this rule no longer binds you.

4. Bilingual disclosure form.Before a prospective tenant filled out an application, landlords had to provide a copy of the Tenant Bill of Rights in both English and Spanish. The county provided a template form. Disclosures concerning the rights and responsibilities of the landlord and tenant are on 83.425's preempted list, so the form is now optional.

What changed after HB 1417?

Here's where it gets complicated.

Governor DeSantis signed HB 1417 on July 5, 2023, with an effective date of July 1, 2023. The bill added Section 83.425 to Florida Statutes: "The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state. This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and fees associated with such applications; terms and conditions of rental agreements; the rights and responsibilities of the landlord and tenant; disclosures concerning the premises, the dwelling unit, the rental agreement, or the rights and responsibilities of the landlord and tenant; fees charged by the landlord; or notice requirements." That preemption is tied to "matters covered under this part" of chapter 83, so local building, housing and health codes still apply to your rental (see 83.51(1)(a)).

In plain English: the state said, "We handle this now. Counties, step back."

What that means for Hillsborough County's Tenant Bill of Rights:

• Its notice, disclosure and fee duties arepreempted.They can't be enforced against a landlord.

So should you still follow the ordinance? You're not required to. Its notice, disclosure and late-fee duties are preempted, so keeping any of them is a voluntary practice, not an obligation. The source-of-income rule is the open question.

Does this apply to my property?

The Tenant Bill of Rights applies tounincorporated Hillsborough County— not to properties within the city limits of Tampa, Temple Terrace, or Plant City. Those cities have their own municipal codes. Tampa itself has Ordinance 2022-51 (Chapter 12, Article VII of the city code), which requires a tenant-rights notice before a tenant applies and bars source-of-income discrimination; a later amendment added a 60-day notice for rent increases over 5% at the end of a fixed-term lease. Those notice duties sit on 83.425's preempted list, but whether the city's source-of-income rule survives is unsettled, the same open question as the county's.

If you're not sure whether your property falls in unincorporated Hillsborough, check your property address on theHillsborough County Property Appraisersite. The jurisdiction line matters.

For the statewide rules on security deposits — the 15-day and 30-day deadlines, the three holding methods, the claim notice sent "by certified mail to the tenant's last known mailing address or by e-mail in accordance with s. 83.505" — those apply everywhere in Florida, including Tampa. We covered those in detail in ourFlorida security deposit law guide.

What are the penalties?

$500 per violation. That's the fine the ordinance specifies for a first offense, with additional fines for repeat violations. Before HB 1417, the county's code enforcement division handled these. Since HB 1417, the preempted duties can't be enforced against a landlord, and whether the source-of-income fine survives is unsettled.

What should Tampa landlords do right now?

Here's the compliance checklist. None of this is expensive or complicated — it's mostly paperwork and process.

1. Check your property jurisdiction.Unincorporated Hillsborough County? The ordinance's source-of-income rule is the open question for you. City of Tampa? The city's own ordinance raises the same source-of-income question. Verify on hcpafl.org.
2. Don't reject voucher tenants on income source alone.Screen them the same way you'd screen anyone else — credit, rental history, income verification (the voucher counts toward income). If they meet your criteria, the source of the money shouldn't matter. For a full walkthrough of legal screening in Florida, see ourtenant screening guide.
3. Keep records of everything.Copies of notices, disclosure forms, screening criteria, and communication. If a complaint is filed, your documentation is your defense.

Common mistakes Tampa landlords make

Listing "No Section 8" on rental ads.Even before the ordinance, this was risky. If you don't want to participate in the Housing Choice Voucher program, don't advertise that fact. Screen every applicant using the same criteria. Let the numbers — not the income source — make the decision.

Next steps

TheTampa rental marketis competitive enough without adding compliance headaches to your plate. Most of the Tenant Bill of Rights no longer binds you, but the source-of-income question is still open — so write down your screening policy and apply it to everyone.

If you own a rental in Hillsborough County and want someone to handle the compliance, tenant screening, and day-to-day management, we do that. Start with a free rental analysis — we'll look at your property, your lease, and your current process, and tell you where you stand.

Get a Free Rental Analysis →