Are there laws that protect a tenant from excessive late fees?

Yes, there are laws that protect tenants from excessive late fees in Florida. Under the Florida Residential Landlord Tenant Act, tenants cannot be charged late fees that are higher than 5% of the total monthly rent due. This law also states that the tenant must be given at least 15 days to pay the rent before the landlord can begin charging late fees. Any late fees charged after the 15-day grace period must also be reasonable in proportion to the actual damages suffered by the landlord. Tenants are also protected from being charged late fees for certain offenses. For example, late fees cannot be charged when a tenant pays rent late due to active military duty or a natural disaster. Additionally, the late fees must be separately itemized on the tenant’s lease agreement. If a landlord tries to charge excessive late fees, a tenant can take the landlord to court. In court, the tenant can demonstrate that the late fees charged by the landlord are excessive or in violation of Florida law. If the court decides in favor of the tenant, the landlord must return all excess late fees to the tenant.

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