Clearwater, FL · Pinellas County · ~117,000 Population · Tampa–St. Petersburg–Clearwater MSA · No Rent Control · Florida Art. X §19 Constitutional Prohibition (Amendment 1, 66.4% Nov. 2023) · BayCare Morton Plant Hospital 687 Beds Level II Trauma · Scientology Flag Land Base World HQ · Phillies Spectrum Field Spring Training · 3-Day Pay-or-Quit · 15-Day MTM Notice · No Deposit Maximum · Pinellas County Circuit Court 315 Court St Clearwater
Clearwater FL rent increase 2026 Florida has no rent control — Amendment 1 (November 7, 2023, 66.4%) added Art. X §19 to the Florida Constitution: “Laws that control the amount of rent charged for private residential real property are prohibited.” The strongest rent control preemption in the U.S. Pinellas County’s second-largest city (~117,000). BayCare Morton Plant Hospital (687 beds; Level II Trauma; ~5,000–7,000 employees). Church of Scientology Flag Land Base (world HQ; ~350+ Clearwater properties; ~10,000–12,000 resident Scientologists). Philadelphia Phillies Spectrum Field (spring training since 1947 — MLB’s longest active partnership). Florida Chapter 83: no deposit maximum; 3-day pay-or-quit; 15-day MTM; 12-hour entry; Pinellas County Circuit Court, 315 Court St, Clearwater FL 33756.
Clearwater, Florida — Pinellas County’s second-largest city (~117,000 residents), home to BayCare Health’s flagship Morton Plant Hospital, the world headquarters of Scientology’s Flag Service Organization, and Major League Baseball’s longest-running spring training partnership — has no rent control of any kind in 2026.
Florida’s constitutional prohibition on rent control, enacted by voters in November 2023 with 66.4% approval, is the most legally durable anti-rent-control provision in the United States. Clearwater landlords operate in a zero-cap environment governed by Florida Chapter 83 Part II — a framework with strict procedural deposit rules, a fast 3–5 week eviction timeline, and a 15-day month-to-month termination notice that is one of the shortest in the country.
Clearwater FL 2026 rent control status: quick reference
| Question | Answer |
|---|---|
| Local rent control in Clearwater? | None. Clearwater has no local ordinance and Florida’s constitution prohibits one. |
| Florida statewide rent cap? | Constitutionally prohibited. Art. X §19 (Amendment 1, Nov. 7, 2023, 66.4%). No cap of any kind. |
| Advance notice to raise rent? | 15 days written notice for month-to-month (§83.57). Fixed-term: lease controls (no mid-term increase). |
| Security deposit maximum? | No statutory maximum (§83.49). Practice: 1–2 months’ rent in Clearwater. |
| Deposit notification deadline? | 30 days from receipt to notify tenant of holding method (§83.49(2)). Failure = forfeit all claims on deposit. |
| Deposit return deadline (no deductions)? | 15 days after tenancy ends (§83.49(3)(a)). |
| Deposit itemized-notice deadline (with deductions)? | 30 days after tenancy ends by certified mail (§83.49(3)(a)). Miss it = forfeit all deductions. |
| Non-payment eviction notice? | 3-day notice to pay or vacate, excluding weekends + legal holidays (§83.56(3)). Rent only — no fees. |
| Month-to-month termination notice? | 15 days before end of rental period (§83.57). One of shortest in U.S. |
| Entry notice? | 12 hours advance notice (§83.53). |
| Self-help eviction penalty? | $500/day of violation + actual + consequential damages (§83.67). |
| Anti-retaliation window? | 1-year presumption after tenant complaint / repair request / tenant union activity (§83.64). |
| Eviction court? | Pinellas County Clerk of Circuit Court, 315 Court St, Clearwater FL 33756. (727) 464-3341. |
| Controlling law | Florida Art. X §19; F.S. §§83.40–83.682 (Chapter 83 Part II); SCRA (50 U.S.C. §3901) for active-duty military |
Florida Amendment 1: constitutional prohibition on rent control
On November 7, 2023, Florida voters approved Amendment 1 with 66.4% of the statewide vote — exceeding the 60% supermajority threshold required for Florida constitutional amendments under Art. XI. The amendment added Article X, Section 19 to the Florida Constitution with a single declaratory sentence: “Laws that control the amount of rent charged for private residential real property are prohibited.”
The constitutional text is deliberately absolute: prohibited, not regulated, not limited, not subject to emergency exception. The word “laws” encompasses statutes, county ordinances, municipal codes, special district regulations, and any governmental enactment at any level in Florida. It applies to all privately owned residential real property — SFR, condominiums, apartments, duplexes, and ADUs alike.
Before Amendment 1, Florida had statutory preemption under §125.0103 (counties) and §166.043 (municipalities). Under the pre-2023 framework, a county could theoretically enact emergency rent control only after declaring a housing emergency, finding vacancy rates below 5%, holding a public hearing, and passing a binding referendum. The only Florida jurisdiction to attempt this was Orange County (Orlando metro), which passed Ordinance 2022-019 in October 2022 — a 10% annual cap that was voided when Amendment 1 took effect. Clearwater and Pinellas County never attempted rent control even under the pre-2023 statutory framework.
Why Amendment 1 is the strongest preemption in the U.S.
| State | Preemption type | Key authority | Reversibility |
|---|---|---|---|
| Florida | Constitutional prohibition | Art. X §19 (2023) | 60% statewide referendum — very high bar |
| Texas | Statute | LGC §214.902 (1981) | Simple legislative majority |
| Nevada | Statute | NRS §118A.215 (1977) | Simple legislative majority |
| North Carolina | Statute | G.S. §42-14.1 (1987) | Simple legislative majority |
| Georgia | Statute | O.C.G.A. §44-7-19 (1984) | Simple legislative majority |
| Virginia | Structural (Dillon Rule) | No enabling legislation | One enabling bill in the General Assembly |
Florida Chapter 83 Part II — key rules for Clearwater landlords
Security deposits (§83.49)
Florida imposes no statutory maximum on security deposits. Clearwater landlords typically charge 1–2 months’ rent in practice, but the amount is market-driven, not legally capped.
Critical 30-day notification rule: Within 30 days of receiving the deposit, the landlord must notify the tenant in writing which of three holding methods applies: (a) interest-bearing separate account; (b) non-interest-bearing separate account; or (c) surety bond posted with the Pinellas County Clerk. Failure to notify within 30 days forfeits all rights to the deposit regardless of actual damage. This is the most consequential procedural trap for Florida landlords.
Return timelines: 15 days after tenancy ends if no deductions. 30 days after tenancy ends to send itemized deduction notice by certified mail if deductions are claimed. Tenant has 15 days to object. Miss the 30-day notice deadline and all deduction rights are forfeited.
Non-payment notice — 3-day notice (§83.56(3))
Before filing an eviction for non-payment of rent, a Clearwater landlord must serve a written 3-day notice (excluding weekends and legal holidays) demanding the exact rent amount or surrender of the premises. Include only unpaid rent — late fees, attorney’s fees, or utility charges invalidate the notice. The 3-day notice for non-payment does not apply to lease violations other than non-payment of rent (those require a 7-day notice with cure for curable violations under §83.56(2)).
Month-to-month termination (§83.57)
Either party may terminate a month-to-month tenancy with 15 days’ written notice before the end of the monthly rental period. This is one of the shortest MTM termination periods in the United States. No cause is required. The 1-year anti-retaliation presumption (§83.64) may apply if the termination follows a tenant’s good-faith complaint.
Habitability (§83.51)
Clearwater landlords must maintain the premises in compliance with applicable building and housing codes and keep in good repair: structural components, plumbing, electrical, roof, windows, doors, locks, smoke detectors. Air conditioning is a habitability obligation in Florida: Clearwater average high temperatures exceed 90°F from June through September, with heat indices regularly above 105°F. A broken AC unit in a Florida summer is not a minor inconvenience — it creates a §83.51 violation requiring repair within 7 days of written notice.
Entry notice (§83.53)
Landlord must provide at least 12 hours’ advance notice before entry. This is shorter than Nevada’s 24-hour requirement, Virginia’s 24-hour requirement, and California’s 24-hour requirement, but still a meaningful procedural protection. Emergency entry (fire, flooding, active plumbing failure) does not require advance notice.
Anti-retaliation protection (§83.64)
A landlord may not raise rent, threaten eviction, or diminish services within one year of a tenant’s: good-faith complaint to a government agency; written repair request; participation in a tenant union or advocacy group. A retaliatory action within one year creates a rebuttable presumption that the landlord’s action was retaliatory. The landlord may rebut by showing the action predated the protected activity or was based on documented business reasons unrelated to the complaint.
Eviction process: Pinellas County
All Clearwater residential evictions file at the Pinellas County Clerk of Circuit Court, 315 Court St, Clearwater FL 33756 (the courthouse is in Clearwater, which is also the Pinellas County seat).
Non-payment eviction timeline
- Day 0 — Serve 3-day notice (§83.56(3)). Written notice demanding exact rent owed or surrender. Proper service: personal delivery; 15+ household member; door-posting + mailing. Excludes weekends and legal holidays from the count.
- Day 3+ — File eviction complaint. If no payment or surrender, file at Pinellas County Clerk, 315 Court St. Fee approximately $185–$315. Attach: lease, 3-day notice, proof of service.
- Day 5 (from summons) — Tenant response deadline. Tenant has 5 business days to respond. Contesting tenants must deposit the disputed rent into the court registry (§83.60(2)).
- Default or hearing. No response → default judgment for possession, typically within 1–2 business days. Contested → hearing within 2–4 weeks of filing.
- Writ of possession. After judgment, clerk issues writ. Pinellas County Sheriff executes within 24–72 hours. Total uncontested: approximately 3–5 weeks.
Other eviction grounds
Non-monetary lease violations: 7-day notice with opportunity to cure (§83.56(2)(b)) for curable violations; 7-day termination notice without cure for uncurable violations (damage, criminal activity on premises). Month-to-month tenancy termination: 15-day notice before end of rental period (§83.57), no cause required.
| Step | Requirement | Timeline |
|---|---|---|
| 3-day notice served | Written; exact rent only; proper service | Day 0 |
| Complaint filed | Pinellas County Clerk, 315 Court St | Day 4+ |
| Tenant response deadline | 5 business days from summons; registry deposit if contesting | Day 9–14+ |
| Default judgment | If no response | Day 11–16+ |
| Contested hearing | Typically 2–4 weeks from filing | Day 18–35+ |
| Writ of possession | Sheriff executes within 24–72 hours | Day 21–38+ total |
Clearwater FL key employers and rental demand drivers
BayCare Health System — Morton Plant Hospital
Morton Plant Hospital (300 Pinellas St, Clearwater FL 33756) is the flagship hospital of BayCare Health System, the largest not-for-profit health system in the Tampa Bay area with approximately 30,000 employees and 15 hospitals across the region. Morton Plant is a 687-bed Level II Trauma Center and employs approximately 5,000–7,000 workers in Clearwater — the city’s single largest conventional employer. The hospital’s nursing staff, physicians, allied health workers, and administrative employees form a stable, income-diverse rental demand pool concentrated in east Clearwater, Safety Harbor, and the Gulf-to-Bay corridor. BayCare also operates Morton Plant North Bay Hospital in New Port Richey and Mease Countryside Hospital (Safety Harbor), with satellite clinics throughout Pinellas County.
Church of Scientology Flag Land Base
The Flag Land Base (210 S Fort Harrison Ave, Clearwater FL 33756) is the world headquarters of Scientology’s Flag Service Organization — providing the highest levels of Scientology religious training to members from around the world. The Church of Scientology owns or controls approximately 350+ properties in downtown Clearwater and surrounding blocks, including the Fort Harrison Hotel (~500 rooms), the Oak Cove Resort, the Sandcastle Resort, and numerous commercial and residential buildings. Approximately 10,000–12,000 dedicated staff and parishioners reside in Clearwater at any given time. This creates a unique market dynamic: the Church’s institutional property ownership effectively controls much of downtown Clearwater’s housing stock, and independent landlords in the downtown core should be aware that Scientology staff may seek housing with non-standard arrangements. All housing agreements must comply with Florida Chapter 83 regardless of the nature of the religious relationship.
Philadelphia Phillies — Spectrum Field
The Philadelphia Phillies have conducted spring training in Clearwater since 1947 — the longest uninterrupted spring training partnership in Major League Baseball history. Spectrum Field (601 Old Coachman Rd, Clearwater FL 33765) hosts approximately 26 spring training games per season plus roughly 140 Threshers minor league games. The Phillies organization employs approximately 200–300 full-time staff in Clearwater year-round, with game-day and seasonal staff of 500–1,000 added during the February–March period. Players and coaching staff on minor league contracts typically rent short-term housing in Clearwater from January through September.
Pinellas County Government
Pinellas County is the county seat for Clearwater and its county government is among the city’s largest employers, with approximately 5,000–6,000 county employees. The Pinellas County Justice Center, Health Department, Sheriff’s Office headquarters, and major government buildings are all in or near downtown Clearwater.
Honeywell & technology corridor
Honeywell International has a significant presence in the Clearwater/Largo technology corridor, employing several thousand workers in commercial building technologies, sensing and control, and defense electronics. The US-19 and Ulmerton Road corridor hosts numerous technology and defense electronics firms.
Clearwater FL 2026 rental market by submarket
| Submarket | 1BR typical range | 2BR typical range | Notes |
|---|---|---|---|
| Clearwater Beach (beachfront) | $1,500–$2,500 | $1,900–$3,200 | STR competition; top U.S. beach; condo premium |
| Downtown / Fort Harrison Ave | $1,000–$1,500 | $1,300–$1,900 | Scientology HQ proximity; walkable urban core |
| East Clearwater / Countryside | $1,200–$1,700 | $1,600–$2,300 | Top schools; newer SFR; Safety Harbor border |
| Gulf-to-Bay / US-19 corridor | $900–$1,300 | $1,100–$1,700 | Mid-century apartment stock; most affordable city area |
| Dunedin border (north) | $1,100–$1,600 | $1,400–$2,100 | Historic downtown Dunedin walkability premium |
| Largo border (south US-19) | $900–$1,200 | $1,100–$1,500 | Older stock; most affordable Clearwater corridor |
10-step Clearwater FL landlord compliance checklist (2026)
- Confirm no rent control applies. Florida Art. X §19 prohibits all rent control statewide. No local Clearwater ordinance exists or can exist.
- Use a Florida-compliant written lease. Include: rent amount and due date; deposit amount and holding method; late fee terms (if any; §83.46); entry notice (12 hours); maintenance obligations.
- Notify tenant of deposit holding method within 30 days of receipt (§83.49(2)). Use certified mail. Retain the return receipt.
- Maintain a separate deposit account (non-commingling). Use a Florida banking institution. Post surety bond as an alternative.
- Issue a 3-day notice for non-payment with exact rent amount only — no fees, utilities, or other charges. Serve properly (personal, household member, door + mail).
- Maintain habitability standards including functional air conditioning. Respond to written repair notices within 7 days (§83.56(1)).
- Give 12 hours’ advance notice before entry (§83.53). Maintain an entry log for all non-emergency access.
- Return deposit or serve itemized deduction notice on time. No deductions: return within 15 days. Deductions: certified-mail itemized notice within 30 days. Calendar both deadlines the day tenancy ends.
- SCRA check for any military-related tenant. Verify at scra.dmdc.osd.mil. Active-duty PCS/deployment orders trigger 30-day termination right with deposit returned within 30 days. MacDill AFB personnel may commute from Clearwater.
- Document all conditions with photographs. Move-in and move-out photo documentation (including AC condition, appliances, flooring) strengthens deduction claims and defends against wrongful-withholding complaints.
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- Florida landlord-tenant law guide 2026 — full Chapter 83 analysis; Amendment 1; security deposit; eviction statewide