Florida's Residential Landlord and Tenant Act (Ch. 83, Part II) has no late-fee statute and no cap on late-rent charges. Late fees are governed entirely by the written lease; if the lease is silent, the landlord cannot charge one. Courts will not enforce fees that are punitive rather than a reasonable estimate of damages.
Florida sets no statutory maximum or percentage limit on residential rent late fees and has no dedicated late-fee provision in Ch. 83, Part II. A late fee is enforceable only if it is set out in the rental agreement; absent a lease term, no late fee may be charged. Because excessive charges may be struck down as an unenforceable penalty under general contract law, fees should reflect a reasonable estimate of the landlord's loss. (By contrast, the separate mobile home lot law, § 83.808, treats a late fee of $20 or 20% of monthly rent, whichever is greater, as reasonable, but that does not apply to ordinary residential rentals.) There is likewise no statutory grace period for residential rent.
No specific statutory penalty. A late fee not stated in the lease is unenforceable, and a fee a court finds punitive rather than a reasonable damages estimate may be reduced or voided.
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Cocoa, FL
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