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Thanks very much. Can you advice on: What percentage can a…

Customer Question
Thanks very much. Can...

Thanks very much. Can you advice on : What percentage can a landlord charge for late payment of rent? Also by Florida state Standard, when can we say rent is late in payment.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Miami, florida

Lawyer's Assistant: Has anything been filed or reported?

No, just a letter of notice to make payment or get removed. The fact is that the payment was made the same day the landlady served the letter that is 5th of March, sh refused the payment demanding extra $75 for late payment.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In the letter, she just demanded for $750 as rent not explaining how a rent of $675 just jump to $750.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 14 minutes by:
3/7/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,823
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

FL law does not govern late fees, it does not mention late fees in the landlord tenant act. The late fees in FL would be governed by the terms in your lease.

Also, FL landlord tenant law does not specify any grace period, which is the number of days the landlord may agree to give before a rent payment is considered late. If your lease does not specify a grace period, your rent is deemed late if not received on the date it is due.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Thanks very much for your response. I indeed appreciate it. The fact is that, there was no lease agreement that was sign from inception. Like l said, l send her a message of my absence from home and gave a specific date which is 5th of March which was the same day she pasted the letter on my door. Her claim was that she already send me a message saying her grace day is 4th of the month, between this four days, we have Saturday and Sunday.Do you advise that l go ahead to pay the late fee?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

If you did not have any lease, if there was no late fee disclosed, you can fight her if you want to do so, but that would mean taking her to court and since there is no written lease you would most likely win. I would suggest writing her a letter informing her there is no statutory late fee and because there is no written contract she legally cannot charge any such late fee and if she wants to impose a late fee in the future you suggest she give you a written lease stating what it is. If she insists, I would suggest suing her in small claims for breach of lease.

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