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Monroe County
Monroe County · Florida

Monroe County Landlord-Tenant Law

Florida landlord guide — county ordinances, courthouse info & local rules

🏛️ County Seat: Key West
👥 Population: 80,500+
⚖️ State: FL

Landlord-Tenant Law in Monroe County, Florida

Monroe County is Florida’s southernmost county, encompassing the entire Florida Keys island chain from Key Largo to Key West and extending into the waters of the Atlantic Ocean and Gulf of Mexico. Key West, the county seat, is one of America’s most iconic destinations — a 4-by-2-mile island at the end of the Overseas Highway known for its literary history, Duval Street nightlife, architecture, and subtropical character. Monroe County is also Florida’s most extraordinary rental market, defined by a combination of extreme scarcity, extreme demand, some of the highest rents in the state outside Miami, and a workforce housing crisis that is structurally impossible to solve through normal market mechanisms given the island chain’s geographic constraints and the state-mandated Rate of Growth Ordinance (ROGO) that limits new construction permits.

Monroe County operates under Florida state law with no local rent control. Evictions are filed at the Monroe County Clerk of Court in Key West, with satellite locations in Marathon and Plantation Key for properties in the Middle and Upper Keys. The county is part of Florida’s Sixteenth Judicial Circuit, which serves Monroe County exclusively. The Monroe County Sheriff’s Office handles service of process and writ execution across the island chain.

📊 Monroe County Quick Stats

County Seat Key West
Population 80,500+
Median Rent ~$2,500–$4,000+
Vacancy Rate ~3–5% (extremely tight)
Landlord Rating 7.0/10 — Landlord-friendly (state law)

⚖️ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Pay or Vacate
Lease Violation Notice 7-Day Notice to Cure or Vacate
Month-to-Month Termination 30-Day Notice to Vacate
Filing Fee ~$185–$400 (varies by claim)
Court Type County Court (Circuit 16)
Avg Timeline 2–5 weeks

Monroe County Local Ordinances

County-specific rules that add to or modify Florida state law

Category Details
Rental Licensing / Registration Monroe County and the City of Key West have active short-term vacation rental licensing programs. Long-term rental properties in unincorporated Monroe County do not require a county-level landlord license, but STR operators must obtain a Monroe County vacation rental license, a state DBPR license, and comply with local ordinances. Key West has its own STR licensing and zoning requirements that are among the most strictly enforced in Florida.
Rate of Growth Ordinance (ROGO) Monroe County is an Area of Critical State Concern. The ROGO system caps new residential building permits to ensure the island chain can be evacuated within 24 hours for a hurricane. This permanently constrains housing supply and is the structural driver of the county’s extreme rental scarcity. Landlords cannot assume that damaged or destroyed rental units can be replaced; rebuild permits are subject to ROGO allocation.
Rent Control None. Florida Statute § 125.0103 preempts all local rent control. Monroe County has enacted no rent stabilization measures despite the county’s severe affordable housing crisis.
Workforce Housing Requirements Monroe County and the City of Key West have deed-restricted affordable and workforce housing programs. New developments may be required to include affordable workforce housing units. Deed-restricted units have maximum rental rate requirements tied to area median income percentages. Landlords who own deed-restricted workforce housing units must comply with these income and rent restrictions.
Habitability Standards Florida state minimum housing standards apply under Fla. Stat. § 83.51. Given Monroe County’s hurricane exposure and salt air environment, landlords should pay particular attention to roof, window, and structural integrity. FEMA flood zone compliance is essentially universal in the Keys; virtually all properties are in flood hazard areas requiring flood insurance.
Court Filing Notes Evictions filed at Monroe County Clerk of Court. Main location: Freeman Justice Center, 302 Fleming Street, Key West, FL 33040. Phone: (305) 292-3423. Hours: Mon–Fri, 8:30 a.m.–5:00 p.m. Satellite locations: Marathon (Middle Keys) and Plantation Key (Upper Keys). Monroe County is the Sixteenth Judicial Circuit — the only county in its circuit.
Local Fees Filing fee approximately $185 for eviction-only; additional fees for combined rent and damages claims. Court registry fee: 3% of first $500 plus 1.5% of remaining balance. Monroe County Sheriff’s Office serves summons and executes Writs of Possession across the island chain.

Last verified: 2026-03-13 · Source

🏛️ Monroe County Courthouse

Where landlords file eviction actions

🏛️ Courthouse Information and Locations for Florida

💰 Eviction Cost Snapshot

Typical fees for a Monroe County eviction

💰 Eviction Costs: Florida
Filing Fee 185
Total Est. Range $250-$500
Service: — Writ: —

Florida Eviction Laws

State statutes, notice requirements, and landlord rights that apply in Monroe County

⚡ Quick Overview

3
Days Notice (Nonpayment)
7
Days Notice (Violation)
15-30
Avg Total Days
$185
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay or Vacate
Notice Period 3 days
Tenant Can Cure? Yes
Days to Hearing 7-14 days
Days to Writ 1-5 days
Total Estimated Timeline 15-30 days
Total Estimated Cost $250-$500
⚠️ Watch Out

3-day notice excludes weekends and holidays. Notice must demand exact amount owed - overcharging voids the notice. Tenant can deposit rent with court registry to contest.

Underground Landlord

📝 Florida Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the County Court. Pay the filing fee (~$185).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Florida eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Florida attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Florida landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Florida — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Florida's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⏱ Notice Period Calculator

Calculate your required notice period and earliest filing date

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Cities in Monroe County

City-level eviction guides within this county

📍 Monroe County at a Glance

Monroe County is Florida’s most unique rental market — the Florida Keys island chain with limited supply, extreme demand, among the highest rents in the state, and a state-mandated growth cap. The Sixteenth Judicial Circuit serves Monroe County exclusively. Workforce housing is the defining challenge; landlords must navigate STR licensing, ROGO constraints, and flood/hurricane insurance realities unique to the Keys.

Monroe County

Screen Before You Sign

Monroe County’s tight market means applicants are plentiful. Verify tourism, hospitality, or government employment, confirm stable 3x rent income year-round (not just peak season), and run a full background and eviction history check before every lease.

Run a Tenant Background Check →

A Landlord’s Guide to Renting in Monroe County, Florida

There is no rental market in Florida quite like Monroe County. The Florida Keys — 125 miles of coral islands strung together by the Overseas Highway, stretching from Key Largo to Key West — constitute a geography that defies the normal economic logic of real estate. Land is scarce because these are literal islands. New construction is capped because the state requires the island chain to be evacuable in 24 hours for an approaching hurricane. Tourism dominates the economy, keeping service-sector wages low relative to housing costs. And the demand for this lifestyle — for waking up on a coral island surrounded by warm, clear water, for the Ernest Hemingway mystique of Key West, for the diving and fishing and sunsets that the Keys offer — is essentially infinite and comes from the entire northern United States and beyond. The result is a market where landlords who own property are in an extraordinarily strong position, and workers who need housing face a genuinely severe affordability crisis that ranks among the worst in the country relative to local wages.

The ROGO System: Why Supply Cannot Fix This Market

The Rate of Growth Ordinance (ROGO) is the single most important structural feature of Monroe County’s rental market. Established because the Florida Keys has been designated an Area of Critical State Concern, the ROGO system strictly limits the number of new residential building permits issued each year to ensure the island chain can be evacuated in under 24 hours when a major hurricane approaches. The total remaining market-rate residential allocation through the current ROGO cycle is extremely limited — approximately 1,970 total allocations across the keys through the current allocation window — with a significant share reserved for affordable workforce housing rather than market-rate development.

What this means for landlords is that the normal market correction mechanism — developers building more units when rents rise — is permanently and legally disabled in Monroe County. When rents go up, new supply cannot materially respond because the permits do not exist to build more units. When Hurricane Irma struck the Lower Keys in September 2017 and destroyed thousands of housing units, the market did not recover through new construction; it recovered through displacement, with thousands of workers leaving the Keys permanently because replacement housing either could not be built or could not be afforded. The aftermath of Irma permanently reduced the workforce housing supply in Monroe County and has been identified as a turning point in the county’s affordable housing crisis.

The Workforce Housing Crisis as Context

In 2025, approximately 24.5 percent of Monroe County’s population was living with severe housing problems — the highest rate of any Florida county by a significant margin. Teachers, police officers, nurses, firefighters, servers, cashiers, and the service workers who make the Keys function economically cannot afford market-rate rents on their wages. Median rents in Key West regularly exceed $2,500 to $4,000 per month for modest apartments, while a service worker earning $18 to $22 per hour grosses roughly $2,400 to $3,000 per month before taxes — a mathematical impossibility for housing stability at market rents.

Monroe County has responded with deed-restricted affordable and workforce housing programs, the Florida Keys Community Land Trust, state-funded workforce housing developments, and the designation of a portion of the ROGO allocation for affordable housing only. These programs provide subsidized housing for qualifying households but reach only a fraction of the need. Landlords who own deed-restricted workforce housing units must comply with the income and rent restrictions attached to those units; maximum rental rates are typically set at 25 to 30 percent of monthly income for the qualifying income category. Landlords who own market-rate units, by contrast, operate without any rent restrictions under Florida state law.

The Short-Term Rental Landscape

Monroe County’s short-term vacation rental market is one of the most active in Florida, driven by the Keys’ appeal as a destination and the enormous gap between vacation rental nightly rates and long-term monthly rents. A Key West property that might command $3,000 per month as a long-term rental can generate $400 to $600 per night as a vacation rental during peak season, making the STR economics compelling for property owners. The practical and legal consequences of this economic incentive structure are significant: each unit converted from long-term workforce housing to short-term vacation rental removes one unit from the already critically undersupplied worker housing market.

Monroe County and the City of Key West have active STR licensing programs. In Key West, STR licensing has been subject to significant political and regulatory activity, with caps on the number of licensed STR units in various neighborhoods and ongoing debates about how to balance property rights with workforce housing needs. Landlords seeking to operate vacation rentals in Monroe County must obtain a county STR license, a Florida Department of Business and Professional Regulation (DBPR) vacation rental license, and any applicable city STR permits. The specific rules vary by location within the Keys; Key West, Marathon, Islamorada, and unincorporated Monroe County each have different STR regulatory frameworks. Verifying current STR requirements with the applicable local authority before operating is essential — enforcement in Monroe County is active and penalties for unlicensed STR operation can be significant.

Florida Chapter 83 in Monroe County

Despite its unique market characteristics, Monroe County operates under the same Florida state landlord-tenant law as every other county, with no local rent control or supplemental tenant protections beyond the state framework. The Sixteenth Judicial Circuit serves Monroe County exclusively, meaning the circuit court judges in Key West are deeply familiar with the specific housing conditions and economic realities of the Keys. The eviction process follows Florida state procedures: 3-Day Notice to Pay or Vacate for nonpayment, 7-Day Notice to Cure or Vacate for correctable violations, and 30-Day Notice for month-to-month terminations (state law standard). Eviction complaints are filed at the Monroe County Clerk of Court, Freeman Justice Center, 302 Fleming Street, Key West, FL 33040, phone (305) 292-3423, with satellite locations in Marathon and Plantation Key for properties in the Middle and Upper Keys.

One unique practical consideration in Monroe County is the property’s physical distance along the Overseas Highway. A property in Key Largo is approximately 60 miles from the Key West courthouse; a property at Mile Marker 90 is approximately 30 miles. The Plantation Key satellite courthouse serves the Upper Keys specifically to avoid this logistical challenge. Landlords should verify which courthouse location serves their specific property address before filing.

Insurance: The Unavoidable Reality

Property insurance in Monroe County is, without exaggeration, a defining variable in the economics of Keys ownership. Every property in the Florida Keys is in a FEMA Special Flood Hazard Area or high wind exposure zone, and most properties are in both. Flood insurance is mandatory for virtually all mortgaged properties. Wind insurance premiums in Monroe County are among the highest in Florida, and the gap between insured and uninsured replacement cost can be financially devastating in the event of a major hurricane. Landlords acquiring Keys properties must obtain current insurance quotes from licensed Florida agents, include accurate wind and flood insurance costs in their financial projections, and verify that their coverage reflects current replacement costs rather than outdated valuations. A modest-appearing Keys cottage can have annual insurance costs of $15,000 to $25,000 or more when wind and flood coverage are properly combined.

Monroe County is a remarkable place. There is nowhere else like it in the continental United States — a coral island chain at the end of a highway, surrounded by water so clear you can see the bottom from 30 feet up, with a cultural history that produced Hemingway and Tennessee Williams and a present-day economy built on sun and water and the fantasy of escape. For landlords who understand the market’s unique constraints and operate within them, it delivers returns that are difficult to replicate. For those who do not do their homework on ROGO, insurance, STR licensing, and the specific economics of island real estate, it can be equally unforgiving.

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Disclaimer: This page provides general information about landlord-tenant law in Monroe County, Florida and is not legal advice. Laws change frequently. Always verify current requirements with the Monroe County Clerk of Court or a licensed Florida attorney before taking legal action. Last updated: March 2026.

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