Florida Late Fee Rules: What Your Landlord Can and Cannot Charge

Late fees are one of the most disputed charges between Florida landlords and tenants. A payment comes in a day or two after the due date, the landlord applies a $150 fee, and the tenant pays it because it is sitting right there in the lease they signed. What many renters do not know is that Florida caps how much a landlord can charge — and a significant number of leases include amounts that go beyond what that cap allows.

Florida Late Fee Rules Under Florida Statute 83.808

The Florida late fee rules are governed by Florida Statute 83.808, which sets a clear ceiling on what landlords can charge when rent is paid late. The statute is straightforward: the maximum late fee a landlord can charge is $20 or 20% of the monthly rent amount, whichever is greater.

Can a Landlord Charge Late Fees in Florida?

Yes — but only within specific limits. A landlord in Florida can charge a late fee if and only if three conditions are met: the fee is clearly stated in the written lease, the amount does not exceed the cap set by Florida Statute 83.808, and rent is actually past due based on the date specified in the lease.

When Does Rent Count as Late in Florida?

Florida law does not specify a universal grace period for late rent payments. The due date and any grace period are determined entirely by what your lease says. If your lease says rent is due on the 1st with no grace period, your landlord can technically apply a late fee on the 2nd. If your lease includes a 5-day grace period, rent is not considered late until the 6th. Read your lease carefully to know exactly when the late fee clock starts.

What to Check in Your Florida Lease Before Agreeing to Any Late Fee

1. 1
   The specific dollar amount or percentage

   The late fee must be a clearly stated amount or percentage. Vague language like "a reasonable late fee will apply" is not enforceable. If listed as a flat amount, calculate 20% of your monthly rent and compare — if the lease amount is higher, it exceeds the Florida late fee cap.
2. 2
   The grace period, if any

   Florida law does not require landlords to give a grace period. If there is no grace period in the lease, do not assume one exists — under Florida late fee rules, it does not unless the lease says so.
3. 3
   Daily or compounding late fee language

   If your lease includes language about daily fees or per-day charges, calculate what that means over a week of late payment. If it exceeds the statutory cap, flag it before you sign.
4. 4
   NSF or returned payment fees

   NSF fees are separate from late fees and governed by Florida Statute 68.065, not FS 83.808. They can be significantly higher. If your lease includes both, understand that both can apply to a single payment event.

What Happens if the Late Fee in My Lease Exceeds the Cap?

If your lease lists a late fee that exceeds what Florida Statute 83.808 allows, that portion of the fee may not be legally enforceable. Knowing the cap before you sign is how you avoid this situation. Before signing, email your landlord citing FS 83.808 and request the clause be revised to the statutory maximum. If you are already in a lease with an excessive late fee that has been charged, the question of enforceability and your options is one for a licensed Florida attorney.

Frequently Asked Questions