Florida Statute 83.808 caps residential late fees at $20 or 20% of monthly rent — whichever is greater. A late fee must also be explicitly stated in the lease to be enforceable at all. Any late fee above the statutory cap is unenforceable, even if you signed the lease. Daily compounding late fees have been struck down by Florida courts. If your lease has an excessive late fee, you can negotiate it before signing or challenge it after the fact.
Late fees are one of the most common ways Florida landlords collect money that exceeds what the law allows. The cap exists — most renters just don't know it does.
What FS 83.808 Actually Says
Florida Statute 83.808, enacted as part of the Florida Residential Landlord and Tenant Act, limits late fees on residential rentals to $20 or 20% of the monthly rent — whichever amount is greater. This is a hard cap. A landlord cannot charge more than this regardless of what the lease says.
| Monthly Rent | FS 83.808 Cap (20%) | Is $20 Floor Higher? | Maximum Legal Late Fee |
|---|---|---|---|
| $800/month | $160 | No | $160 |
| $1,200/month | $240 | No | $240 |
| $1,500/month | $300 | No | $300 |
| $1,800/month | $360 | No | $360 |
| $80/month | $16 | Yes | $20 (floor applies) |
Two Rules Most Renters Don't Know
How to Handle an Excessive Late Fee in Your Lease
- 1Before signingFlag the late fee clause and calculate 20% of your monthly rent. If the lease fee exceeds that, email your landlord citing FS 83.808 and request the clause be revised to the statutory maximum before you sign.
- 2After signingIf you are charged a late fee that exceeds the statutory cap, pay only the legal maximum and send a written explanation citing FS 83.808. Keep a copy of everything.
- 3If disputedFlorida small claims court handles late-fee disputes. A clear lease clause charging above the statutory cap is strong evidence in your favor. Florida courts have consistently ruled for tenants in these cases.
Email to send before signing: "I reviewed the late fee clause in Section [X], which states a fee of $[amount]. Under Florida Statute 83.808, the maximum allowable late fee is $20 or 20% of monthly rent (whichever is greater) — which comes to $[calculated amount] for this unit. I'd like to request that the clause be updated to reflect the statutory cap before I sign."
Frequently Asked Questions
What is the maximum late fee in Florida?▾
What is Florida Statute 83.808?▾
Can a Florida landlord charge a late fee if it's not in the lease?▾
Are daily late fees legal in Florida?▾
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