[RPPTL Leasing Committee] Fines and Fees

[RPPTL Real Estate Leasing Committee]

I think part of the problem is that when the tenant does these things and
an Association or Vendor contacts the Landlord because of non-compliance
with rules there is a real cost to Landlords (many if not most of whom do
not have management companies on flat fees to handle this.) And, as noted
in prior response, sometimes there is a real cost such as a missed
appointment fee or an Association fine- but even if it is responding to the
Association letter that response is because the tenant breached the terms
of their lease so the question is who pays for that- the tenant that
breached or the Landlord who has to expend time (which is money) and
sometimes money to deal with it.

Most leases have the ability to fee shift if an attorney is involved in any
form of enforcement. If there is nothing that allows for a more minor
charge to be made, then the Landlord is going to end up sending each one of
these to legal and billing the tenants for the necessity of handling these
issues which are not "no foul" if they take up Landlord time.

A piece of me likes having the Tenant know that if they do something
specific that the wrong will be met with a fine or a fee and set out what
that is. It makes it less subjective and enforces the seriousness of
following rules. If it is always "no harm no foul" then the tenant can just
ignore the rules and inconvenience the landlord repeatedly. I do not see
the concept of specific fines or fees as impermissible or illegal so long
as they bear a reasonable and rational relationship to the costs incurred
from the breaches.

My client's will ALWAYS bill out of pocket things like Association fines
that were levied or missed appointment fees. Where it comes to the other,
there is usually a warning letter the first time with included language
that the next letter will come with the legal responsibility for the costs.
I may talk to them about a schedule of fines/fees to be applied.... hadn't
considered that before! Ultimately, the likelihood is that they will just
erode security deposits.

Deborah Marks, PLLC
18495 S. Dixie Highway
Ste 134
Miami, FL 33157
305-372-9400
deborahmarkslaw at gmail.com
deborah at deborahmarks.law
synergy928 at aol.com


On Wed, Jan 27, 2021 at 6:20 PM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> 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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> 9038"Serving the Property Management Professional"Website:  *
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> * Email: **harry at evict.com* <harry at evict.com>
>
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