Challenging Illegal Rental Fees in Florida: A Renter’s Guide

If you’re renting in Florida, understanding your rights around rental fees is crucial. Some landlords may try to add charges that are not allowed by law—known as illegal fees. Knowing how to identify and challenge these charges helps protect your finances and housing stability. This guide explains what illegal fees are, the steps to contest them, and the official resources and support available to renters in Florida.

What Are Illegal Fees on Your Rent Bill?

Illegal fees are charges that your landlord adds to your rent bill that are not permitted under Florida law or your lease agreement. Common examples can include extra processing fees, improper late fees, or unauthorized recurring charges.

• Application and Processing Fees: Florida allows landlords to charge a reasonable fee for processing rental applications, but they cannot be excessive or undisclosed in the lease.
• Maintenance or Repair Fees: It’s illegal for a landlord to charge tenants for repairs that are the landlord’s responsibility under law, unless you caused the damage.
• Improper Late Fees: Late fees must be specified in your lease and must not be excessive—usually not more than 5% of the rent, unless otherwise stated in your lease.
• Undisclosed Fees: Any fee not clearly stated in your signed lease may be considered illegal.

How to Identify If a Fee Is Illegal

Start by comparing the charges on your rent bill with your lease agreement. If you see any fee that isn’t listed, or one that seems unusually high, it might be illegal. Florida’s Florida Residential Landlord and Tenant Act sets out rules for allowable charges and landlord responsibilities.^[1]

Steps to Challenge an Illegal Fee in Florida

• Review Your Lease Agreement: Make note of all fees mentioned in your lease. Legally, only the fees you’ve agreed to in writing may be charged.
• Request Clarification in Writing: Politely ask your landlord (by written letter or email) to explain the fee and cite where it’s listed in the lease. Keep a record of all communications.
• Send a Formal Dispute Notice: If the fee is not justified, draft a written notice to your landlord stating your concern and requesting removal of the fee. Clearly reference your lease and Florida’s rental law.
• Use Official Complaint Forms If Needed: If the matter isn’t resolved, you can file a complaint with the Florida Department of Business and Professional Regulation (DBPR) for certain fee-related issues or contact your local county housing authority.
• Document Everything: Save copies of bills, letters, and any proof of communication.
• Consider Mediation or Small Claims Court: For unresolved disputes, you may consider mediation or filing a claim at the county courthouse.

Official Forms: When and How to Use

• DBPR Complaint Form (Form DBPR-0070): Use this form to make an official complaint about a licensed landlord or property manager regarding unlawful fees. Fill out the form and submit it online or by mail through the DBPR's complaint portal.
  Example: If your property manager refuses to remove a clearly illegal “filing fee” from your monthly bill, you may submit this form along with supporting documentation.
• Small Claims Court Civil Complaint: If you need to recover improperly charged fees (up to $8,000), use your Florida county court’s civil complaint form. Visit your local county court Self-Help Center for official forms and instructions.

Understanding the Florida Residential Landlord and Tenant Act

The Florida Residential Landlord and Tenant Act (Chapter 83, Part II) protects renters from unlawful fees and practices while outlining the rights and duties of both landlords and tenants. Review the Act to understand what your landlord can and cannot charge.^[1]

FAQ: Challenging Rental Fees in Florida

1. What should I do if my landlord charges a fee not listed in my lease?
   You should request clarification in writing and politely ask your landlord to cite the section of the lease that allows the fee. If the fee isn’t covered by your agreement or state law, you can formally dispute it in writing.
2. Are pet fees or deposits legal in Florida?
   Yes, landlords can charge pet fees or deposits, but only if these charges are clearly stated in your lease.
3. Is my landlord allowed to charge a late fee for rent?
   Yes, late fees are allowed if they are specifically mentioned and agreed upon in your lease. The fee must be reasonable and not excessive.
4. Can I withhold rent if I am being charged illegal fees?
   No. You should never withhold rent as a strategy for disputing illegal fees, as this can put you at risk of eviction. Instead, pay your rent on time but clearly dispute the questionable fee in writing.
5. What government agency oversees landlord-tenant complaints in Florida?
   The Department of Business and Professional Regulation (DBPR) is the main agency for complaints against licensed landlords and property managers in Florida.

Conclusion: Key Takeaways for Florida Renters

• Always check your lease and compare your rent bill for unlisted or unusual fees.
• Communicate in writing and document every step if you suspect an illegal fee.
• You have the right to dispute and seek help through official complaint forms or courts if needed.

Knowing your rights under Florida law helps keep your rental experience fair and transparent.

Need Help? Resources for Renters

• Florida Department of Business & Professional Regulation (DBPR): File complaints or get renter information
• Florida Residential Landlord and Tenant Act: Full text of state legislation
• Florida Courts Self-Help Center: Official forms and guidance for small claims cases
• U.S. HUD Florida: Renting Information

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1. Florida Residential Landlord and Tenant Act, Chapter 83, Part II

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