Florida bounced rent check fees: $25 to $40, or 5 percent
Florida sets a fee schedule for a bounced payment in section 68.065: bank fees actually incurred plus a $25, $30 or $40 service charge by face amount, or 5 percent of the face value, whichever is greater. After a written demand and 30 days, a court can award triple the amount owed, never less than $50.
What can a Florida owner charge when a rent check bounces?
Section 68.065(2) lets the payee of a refused payment instrument collect two things without going to court: the bank fees the payee actually paid, plus a service charge. The service charge is $25 when the face value is $50 or less, $30 when it is over $50 and up to $300, and $40 when it is over $300. Or it is 5 percent of the face value, whichever is greater.
The word "instrument" is wide. The statute defines it to cover a check, a draft, an order of payment, a debit card order and an electronic funds transfer. A rejected bank transfer from a tenant is therefore inside the definition, not only paper checks. The refusal has to be for lack of funds, lack of credit or lack of an account, or a stop payment made with intent to defraud.
| Face amount | Flat charge | 5 percent | Greater of the two |
|---|---|---|---|
| $250 | $30 | $12.50 | $30.00 |
| $700 | $40 | $35.00 | $40.00 |
| $1,200 | $40 | $60.00 | $60.00 |
| $1,850 | $40 | $92.50 | $92.50 |
| $2,400 | $40 | $120.00 | $120.00 |
Once the face value passes $800, the 5 percent figure beats $40, so most rent checks land on the percentage.
How does the 30-day written demand work?
Subsection (4) says a written demand must go out before the larger remedies in subsection (3) can be claimed. It must be delivered by certified or registered mail with a return receipt, or by first-class mail backed by an affidavit of service, to the address on the instrument, the address the drawer gave when issuing it, or the drawer's last known address.
The statute prints a form the notice should follow "substantially". It names the instrument, the face amount, the date, the bank and the payee, tells the drawer that Florida law gives 30 days from receipt to pay in cash, and states the service charge in the same $25, $30, $40 or 5 percent terms. It also warns that a civil action may seek three times the amount, never less than $50.
What happens if the tenant still does not pay?
Under subsection (3)(a), a drawer who fails to pay in cash within 30 days of the demand is liable for the amount owing plus damages of triple that amount, with a floor of $50, along with court costs and reasonable attorney fees. The payee may also add a service charge on the demand itself (subsection (3)(b)) and bank fees incurred.
Example a made-up owner in Orlando receives a $1,850 rent check that the bank refuses for lack of funds. The owner pays a $12 bank fee. The service charge is $92.50 (5 percent beats $40). If the tenant pays in cash within 30 days of a proper demand, the total is $1,850 + $92.50 + $12 = $1,954.50. If not, a court can award triple the $1,850, or $5,550, in addition to the amount owing, plus costs and fees.
Two softeners are in the text. After a case starts but before the hearing, the drawer can tender the instrument's face amount, the service charge, court costs and incurred bank fees to settle the claim (subsection (6)), though the drawer still owes attorney fees and collection costs. And under subsection (7), if the court or jury finds the failure to pay was due to economic hardship, it has discretion to waive all or part of the statutory damages.
What should you do the day a check comes back?
- Record the return date, the face amount and any bank fee on the same day.
- Tell the tenant in writing that the payment failed, and say how to pay now. Many owners ask for a cashier's check or a bank transfer that clears.
- Send the formal demand only after you decide to use subsection (3), and keep the mailing proof.
- Hold the 30-day count in a calendar entry, not in memory.
- Do not post a second fee for the same instrument. The statute speaks of one service charge for the one instrument.
Rent is also governed by Florida's separate landlord-tenant chapter, which this post does not cover. Check it before you serve any notice that ends a tenancy.
How DoorKeeping handles a bounced payment in Florida
Tenants pay your own bank, so a returned payment shows up on your bank feed, where DoorKeeping can match it to the tenant's ledger. Any fee, notice or other money or legal step waits for your one-tap approval. Rent and payments stay in your own bank accounts. These are general bad check statutes. Most do not name rent, so a tenant's rent check is covered only to the extent the text reaches it. This is general information, not legal advice. Check your lease and your own state's landlord-tenant act, and ask your own attorney before you demand money.
Sources
Questions
- How much can a Florida landlord charge for a bounced rent check?
- Bank fees actually incurred plus a $25, $30 or $40 service charge by face amount, or 5 percent of the face value, whichever is greater, under s. 68.065(2).
- Does Florida's bounced payment statute cover electronic payments?
- Yes. The statute defines a payment instrument to include a debit card order and an electronic funds transfer, along with checks and drafts.
- Can a Florida court award triple damages on a bounced rent check?
- After a written demand and 30 days without cash payment, the drawer is liable for triple the amount owing, never less than $50, though the court can waive part of it for economic hardship.