Can a landlord in Florida charge late fee of 50.00 plus 25.00 a day on late rent ?

Question

We are late on Aug rent for the 1st time in 10 months of a 12 month lease and this is what the landlord wants to charge 50.00 late fee plus 25.00 a day till it is paid.

Answer 1

SURE.   READ your lease.

You're in the wrong, you brought this upon yourself, and it doesn't matter if it's the first time or not, or what the reasons are.  He doesn't want a repeat of this, he has to pay the property mortgage and bills.  And August is gone and September is due, so you're a full month behind and another month is due next week.   Your first priority is to pay your rent and keep a roof over your heads while his priority is to get his rent or to get tenants who pay.  If this is the first time and you've been good tenants and there's a good reason--and LLs are tired of sob stories and excuses and poor choices by tenants which they hear repeatedly--and you give him the money now, plus September--he might (doesn't have to) forgo some of the $25/day penalties.

TALK to LL, remembering you're in the wrong, and asking a favor--don't whine, don't demand.

Answer 2

Check your lease, late charges and bounced check charges are specified in your lease agreement.  Remember your landlord is not your bank and will not, in effect, lend you money on a short term basis.

Answer 3

If that is what your lease states...then yes, you have to pay.  

The time to negotiate this fee was BEFORE you signed the lease.

Answer 4

Absolutely.  It's in your lease, which you signed.  

If it's NOT in your lease, you can argue it, but I'm sure that it is.  A lease is created to protect a landlord, not a tenent, and since most people don't bother to read what they sign with thier own hand, that's why this is a surprise to you now. It's perfectly legal, so be sure to READ EVERYTHING, and remember that your landlord is someone you have a legal agreement with, he should be the first person you are setting money aside for AFTER you pay yourself each month!  That's the roof over your head!  

Answer 5

sounds pretty high, but if that's what is in the lease you signed, then he can.

Answer 6

if its in your lease your stuck. If you were never told and its not in the lease he can't but it'll be a big mess. He'll say he told etc.

Answer 7

that's messed up.

he shouldnt be allowed to do that.

but if you check the contract you signed maybe he wrote it in there so you won't be able to do anything about it.

sorry- that is really unfair. :[

Answer 8

if its in the lease yes.. I would look at it

Answer 9

It just depends on what it says in your lease.

If your lease states that is what the fees are then- YES

Answer 10

A Florida Landlord can charge whatever is in the lease .... UNLESS it conflicts with the State landlord-tenant Laws .

You probably should consult your local landlord - Tenant Division of the local Court .. Usually listed in the phone book under Government Offices .

I am a Florida landlord and I charge $25 for the 1st day thru the 3rd Day of being late .... then $5.00 for Each day thereafter up to seven days at which time I issue a Notice To Vacate thru my attorney ...  

Answer 11

In my opinion no matter what the lease may state, my bet under Florida state law/ case law that 25 per day is considered a penalty clause and does not adequately represents the real loss associated with the rent being late,

Say for example your rent is 800 per month, late on the 5th and you pay on the 20th that would equate to 425 in late fees, more then half the rent for the month, that is a penalty versus adequate reimbursement of the landlord out of pocket expenses because the rent is late

Talk to a real estate lawyer in your state that does landlord/tenant issues

Answer 12

A late charge of 5% is somewhat of a standard.  Otherwise a judge would have to decide if a charge is "excessive".   At this point pay it and then vacate this place when your lease is up.