[RPPTL Leasing Committee] Fines and Fees

[RPPTL Real Estate Leasing Committee]

There’s a big move nationwide to put all kinds of fines and fees in a residential lease.

 

Don’t pick up your dog’s poop, a fine.  Miss an appointment with a repair person, a fee.  Tamper with the smoke detectors, a fine. Leave your garbage cans out, a fine.  HOA writes a letter to the owner, a fine. Parking violation, a fine. Bring a pet on the property, a fine. We have to serve you a Three Day, a fee. 

 

What do you all feel about the legality of fees and fines?

 

Florida law does not really address them and rarely have I seen them in residential leases except for late fees and bad check fees.

 

There are a few states that specifically disallow fees and fines.  The whole property management industry seems to be pushing the envelope and clients ask me WHY something is not legal and I’m basically at a loss.

 

How would you argue for or against a fee or fine in court?  I can’t stand them but the clients really push it. 

 

Harry 

 

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