Your rights under Florida law
Late fees and rent due dates in Florida
In Florida, rent is due at the start of each rental period without the landlord having to ask, unless your lease sets another date. Chapter 83 doesn't cap late fees or require a grace period, so the lease sets both, and a court can refuse to enforce a fee it finds unconscionable. A late fee only counts as rent, and can only show up in a 3-day notice, if the written lease calls it rent.
Updated Last checked 3 min read
Quick answer
- Rent is due on the first day of each period unless the lease says otherwise (83.46).
- No statewide cap on late fees, and no required grace period.
- A late fee is rent only if the written lease designates it as rent (83.43).
- Partial payment after a 3-day notice gets you a receipt or a new notice, not a pass.
On this page
When rent is due
Section 83.46 says that unless you agreed otherwise, rent is payable without demand or notice at the beginning of each rent period. With monthly rent, that's the 1st, and the landlord doesn't have to send a bill. Your lease says where and how to pay.
Keep a receipt or a bank record for every payment.
Is there a grace period in Florida?
Not by statute. Chapter 83 has no grace period, so any grace period comes from the lease. If yours gives a few days before a late fee kicks in, that delays the fee. Whether it also delays a 3-day notice depends on how the lease words the due date.
How big can a late fee be?
Florida's landlord-tenant law doesn't put a number on it. The limit is section 83.45, which lets a court refuse to enforce, or narrow, a lease term that was unconscionable when the lease was signed. A fee far out of proportion to the rent, or one that grows every day with no end, is the kind that gets challenged. Since 2023, section 83.425 also stops cities and counties from setting their own fee rules. A 2026 bill that would have banned fees during a longer 5-day pay window died in committee, so nothing changed this year.
- Rent
- $2,000, due on the 1st
- Paid on the 4th
- $2,000, no late fee
- Paid on the 6th
- $2,000 plus the $100 late fee
When a late fee counts as rent
Section 83.43 defines rent as the periodic payments for living there, plus any other payment the written rental agreement designates as rent. If your lease says late fees are "additional rent", the landlord can include them in a 3-day notice for nonpayment. If it doesn't, the 3-day notice should demand the rent only.
Paying part of the rent
A landlord who accepts partial rent after posting a 3-day notice has three choices under section 83.56(5): give you a receipt showing the amount, the date and the balance due, put the partial payment into the court registry when filing, or post a new 3-day notice for the new amount. Taking part of the rent doesn't waive the landlord's right to go forward for the rest. Our 3-day notice guide covers how that notice works and how to count it.
Questions people ask
Is there a legal grace period for rent in Florida?
No. Rent is due at the start of each period unless your lease says otherwise, and any grace period comes from the lease.
What is the maximum late fee a Florida landlord can charge?
Chapter 83 sets no cap. The lease sets the fee, and a court can refuse to enforce a term it finds unconscionable under section 83.45.
Can a landlord evict me over an unpaid late fee?
Not through a 3-day notice for nonpayment unless the written lease designates late fees as rent. A landlord can still try to collect unpaid fees as money owed.
Can my landlord refuse a partial payment?
Yes. A landlord doesn't have to accept less than the full amount. If it does accept part, it must give a receipt, deposit it with the court when filing, or post a new 3-day notice for what's left.
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Words in this guide
Sources
- Florida Statutes, section 83.46: Rent, duration of tenanciesleg.state.fl.us
- Florida Statutes, section 83.43: Definitionsleg.state.fl.us
- Florida Statutes, section 83.45: Unconscionable rental agreement or provisionleg.state.fl.us
- Florida Statutes, section 83.56: Termination of rental agreementleg.state.fl.us
- Florida Statutes, section 83.425: Preemptionleg.state.fl.us
- Florida Senate: SB 716 (2026), Rental Agreements for Residential Tenancies (died in committee)flsenate.gov
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
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Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.