Florida Statute §83.56 · LandlordAnswers.ai Compliance Series

Florida 3-Day Notice and Late Fees: What Can Be Included?

This article is part of the LandlordAnswers.ai Florida 3-Day Notice Compliance Series. Start with the primary Florida 3-Day Notice for Nonpayment of Rent.

Legal information reviewed: August 2026.

A tenant may owe more than monthly rent when a payment is late. The account may also include late fees, utilities, penalties, or other charges under the rental agreement.

But that does not automatically mean every amount owed belongs in a Florida 3-Day Notice for nonpayment of rent.

Florida law defines what qualifies as "rent," and that definition matters when determining the amount demanded in the notice.

Quick Answer

Under Florida Statute §83.43(12), "rent" includes the periodic payments due for occupancy and other payments due to the landlord that are designated as rent in a written rental agreement.

Therefore, a late fee or other charge should not automatically be added to a Florida 3-Day Notice merely because the tenant owes it.

Before including an additional charge in the rent demand, review the written rental agreement to determine whether that charge is actually designated as rent.

Why the Definition of "Rent" Matters

Florida's 3-Day Notice procedure under §83.56(3) applies when a tenant fails to pay rent when due.

Section 83.43(12) defines "rent" as:

The periodic payments due to the landlord from the tenant for occupancy under a rental agreement; and
Other payments due to the landlord from the tenant that are designated as rent in a written rental agreement.

This distinction matters because a tenant can owe money to a landlord without every amount owed necessarily qualifying as rent for purposes of the 3-Day Notice.

Can a Late Fee Be Included in a Florida 3-Day Notice?

The answer depends on the written rental agreement.

If the lease merely imposes a late fee, that establishes an obligation to pay the fee, but it does not necessarily establish that the fee is "rent" under §83.43(12).

If the written rental agreement expressly designates the late fee as rent or additional rent, the statutory definition of rent may allow the charge to be included in the rent demanded on the 3-Day Notice.

The actual lease language therefore matters.

Owed Does Not Automatically Mean "Rent"

A tenant may owe a late fee, utility charge, repair charge, penalty, or another amount under a rental agreement.

That does not automatically make the charge "rent."

For purposes of Florida's residential landlord-tenant statute, additional payments fall within the statutory definition of rent when they are designated as rent in a written rental agreement.

Example: Late Fee Not Designated as Rent

Assume:

Monthly rent: $1,500
Late fee: $75
Total account balance: $1,575

The written lease says:

"If rent is not received by the fifth day of the month, Tenant shall pay a $75 late fee."

But the lease does not designate the late fee as rent or additional rent.

The tenant may owe the $75 under the lease.

However, the fact that the fee is owed does not by itself establish that the $75 qualifies as rent under §83.43(12).

Before including the late fee in the amount demanded on a 3-Day Notice, the landlord should review whether the written agreement actually designates that charge as rent.

Example: Late Fee Designated as Additional Rent

Assume the same amounts:

Monthly rent: $1,500
Late fee: $75

The written rental agreement instead states that applicable late fees are "additional rent."

Florida's definition of rent includes other payments due to the landlord that are designated as rent in a written rental agreement.

That lease language can therefore affect whether the late fee qualifies as rent for purposes of the 3-Day Notice.

The amount must still be accurate and actually due when the notice is delivered.

The Amount Demanded Must Be Accurate

Even when an additional charge properly qualifies as rent, the amount demanded must be accurate.

Do not:

Demand a late fee that has not yet accrued
Calculate the fee using more late days than have actually occurred
Include charges not presently due
Include amounts that the lease does not designate as rent
Inflate the rent demand with unrelated charges

An overstated rent demand can create a defect in the 3-Day Notice.

Defective Florida 3-Day Notice

What About Utilities, Pet Fees, Parking Fees, and Other Charges?

Use the same analysis.

First ask:

Is the tenant contractually obligated to pay the charge?

Then ask the separate question:

Does the written rental agreement designate that payment as rent?

Section 83.43(12) makes that second question important.

Examples of charges that require careful review include:

Utility charges
Pet fees
Parking charges
Administrative fees
Returned-payment charges
Repair or damage charges
Other lease-related charges

Do not assume that a charge qualifies as rent simply because it appears on the tenant's account ledger.

What About an Oral Rental Agreement?

Section 83.43(12) specifically refers to other payments that "may be designated as rent in a written rental agreement."

That language matters when attempting to treat an additional charge as rent.

A landlord relying on an oral rental agreement should not assume that a separate fee qualifies as rent merely because the tenant agreed to pay it.

What If the Tenant Owes Several Months of Rent?

The 3-Day Notice may demand unpaid rent that is actually due.

Before calculating the amount:

Identify each unpaid rental period
Confirm the amount due for each period
Subtract payments already received
Account for any partial rent accepted
Separate charges that do not qualify as rent
Confirm that any additional amounts being treated as rent are designated as rent in the written rental agreement

The final rent demand should reflect the amount properly due when the notice is delivered.

What If Partial Rent Was Accepted?

Florida Statute §83.56(5)(a) contains specific rules when a landlord accepts partial rent after posting a notice for nonpayment.

The landlord must take one of the statutory actions, which may include:

Providing the tenant a receipt stating the date and amount received and the agreed-upon date and balance of rent due before filing an action for possession
Placing the accepted partial rent into the court registry when filing the action for possession
Posting a new 3-Day Notice reflecting the new amount due

If partial rent has been accepted, do not rely on an outdated balance without reviewing §83.56(5)(a).

Before Adding a Late Fee to the Notice

Review these questions:

Is there a written rental agreement?
Does the agreement actually impose the late fee?
Has the late fee become due under the agreement?
Does the written agreement designate the late fee as "rent" or "additional rent"?
Is the amount of the late fee calculated correctly?
Does the final amount demanded contain only amounts that properly qualify as rent?

If the answer to any of these questions is unclear, determine the correct rent amount before delivering the notice.

The Tenant's Ledger and the 3-Day Notice Are Not Necessarily the Same Number

A tenant's account ledger may contain every amount the tenant owes.

The Florida 3-Day Notice serves a narrower purpose: demanding payment of rent or possession under §83.56(3).

The notice amount should therefore be determined using Florida's statutory definition of rent, not simply by copying the tenant's total account balance.

Late-Fee and Rent-Demand Checklist

Before delivering the Florida 3-Day Notice, confirm:

The monthly rent amount is correct
The unpaid rental periods are correct
Payments already received have been credited
Any partial payments have been accounted for
Every additional charge included in the rent demand is actually due
The written rental agreement has been reviewed
Any additional charge treated as rent is designated as rent in the written agreement
No future or unaccrued late fees are included
The final rent amount is mathematically correct
The notice deadline is calculated correctly

Calculate the Rent Demand Before You Serve the Notice

Landlord Answers guides you through the information needed for a Florida 3-Day Notice and calculates the three-day deadline based on the information you provide.

Frequently Asked Questions

Can I include late fees in a Florida 3-Day Notice?

Potentially, but not simply because the tenant owes a late fee. Florida Statute §83.43(12) includes other payments within the definition of rent when those payments are designated as rent in a written rental agreement. Review the lease language before including a late fee in the rent demand.

What if my lease says the tenant owes a late fee but does not call it rent?

An obligation to pay a fee and the statutory classification of that fee as rent are separate issues. Section 83.43(12) specifically includes other payments that are designated as rent in a written rental agreement. Do not assume that every contractual fee belongs in the 3-Day Notice rent demand.

What if my lease calls late fees "additional rent"?

Florida's statutory definition of rent includes other payments due to the landlord that are designated as rent in a written rental agreement. If the lease designates a late fee as additional rent, that language is relevant to whether the charge can be treated as rent. The fee must still be accurately calculated and actually due.

Can I include utilities in the 3-Day Notice?

Do not assume utilities qualify as rent simply because the tenant is responsible for paying them. Review the written rental agreement and §83.43(12) to determine whether the payment is designated as rent.

Can I include repair or damage charges?

A tenant may owe repair or damage charges without those charges necessarily qualifying as rent. The written rental agreement and the statutory definition of rent should be reviewed before adding such charges to a 3-Day Notice.

Can I just use the total balance shown on my property-management software?

Not without reviewing what makes up the balance. A tenant ledger can include rent, late fees, utilities, damages, administrative charges, and other amounts. The 3-Day Notice should demand the amount that properly qualifies as rent under Florida law.

What happens if I demand too much?

An overstated rent demand can create a defective 3-Day Notice and become an issue in a later eviction proceeding. Review the amount before delivering the notice.

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Landlord Answers provides general information about Florida landlord-tenant procedures and is not legal advice. Florida law can change, and individual circumstances may affect how the law applies. Consider consulting a licensed attorney for advice about a specific situation.

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