LATE FEE NOTICE EXPLANATION

UNINCORPORATED HILLSBOROUGH COUNTY

 

The LATE FEE NOTICE is a form that notifies the Tenant that a late fee has been charged to their account. This form must be used in unincorporated Hillsborough County per County Ordinance. For this Q & A, we will call it the NOTICE. Click here for the NOTICE.

QUESTIONS AND ANSWERS

WHO MUST THE NOTICE BE GIVEN TO?

The NOTICE must be given to the Tenant BEFORE the property manager can charge a late fee and inform them each time a late fee is incurred.

WHAT DETAILS SHOULD BE LISTED ON THE NOTICE?

The NOTICE must include the amount of the late fee being charged to the Tenant.

The NOTICE must indicate the section of the Lease that authorizes and sets the late fees and must state any daily late fees if applicable.

The NOTICE must indicate the justification for the late fee.

WHAT IF THE LATE FEE CONTINUES TO ACCRUE EACH MONTH?

If late fees continue to accrue each month, then only one NOTICE is required to be served during that month if the NOTICE explains how the late fees will accrue.

WHEN MUST THE TENANT RECEIVE THE NOTICE?

The Tenant must receive the NOTICE on or after the day that a late fee is assessed.

CAN THE NOTICE BE GIVEN BEFORE THE LATE FEE IS DUE?

No, it can only be given WHEN the late fee is assessed.

IS THE PROPERTY MANAGER ALLOWED TO SERVE THE LATE FEE NOTICE WITH THE THREE DAY NOTICE?

Yes. The property manager may serve the late fee notice at the same time as the Three Day Notice.

HOW IS THE NOTICE GIVEN TO THE TENANT?

The LATE FEE NOTICE may be given in one of the 4 ways below:

1. Posted on the front door of the leased premises,
2. Hand delivered to the Tenant,
3. Delivered by certified mail to the Tenant’s address,
4. Emailed to the Tenant to an email address provided by the Tenant on the lease or subsequent written agreement.

DOES THE PROPERTY MANAGER NEED PROOF THAT THE NOTICE WAS GIVEN TO THE TENANT?

Yes, in ONE of the four following ways corresponding with the above delivery methods:   

1. A time stamped photograph of the LATE FEE NOTICE clearly posted on the front door of the leased premises is retained,  
2. A signed and dated affidavit that the person hand delivered the LATE FEE NOTICE to the tenant on a particular date,  
3. Proof of delivery of a certified letter from USPS,  
4. A copy of the email sent to an email address provided by the Tenant on the lease or subsequent written agreement.

IS THE PROPERTY MANAGER SUBJECT TO A FINE IF THEY FAIL TO DELIVER THE PROPER NOTICE?

Yes, there would be a $500 fine for the first violation and a $500 FINE for each subsequent violation.

EXAMPLES:

1. UNDER THE LEASE, A $50 LATE FEE IS INCURRED ON THE SIXTH DAY OF THE MONTH AND THERE ARE NO DAILY LATE FEES

The LATE FEE NOTICE showing the base late fee must be served to the tenant before you can serve a Three Day Notice demanding it. It would be served the sixth day or later.

2. UNDER THE LEASE, A $50 LATE FEE IS INCURRED ON THE SIXTH DAY OF THE MONTH WITH $10 DAILY LATE FEES THEREAFTER  

 

The LATE FEE NOTICE showing the base late fee must be served to the tenant before you can serve a Three Day Notice demanding it. It would be served the sixth day or later.

Daily late fees can be charged BEGINNING on the date the LATE FEE NOTICE is served and thereafter. Prior Incurred daily late fees are waived.

BEST PRACTICES:

1.  The Property Manager should serve the Three Day Notice and the LATE FEE NOTICE on the day the late fee is due.

2. The property manager should email the Tenant the LATE FEE NOTICE the day that the late fee is due, should set their software up to do this and have permission from the Tenant for emailing.