Renter's Rights? Bounced Check?

Question

Last Sunday (Aug. 12th) my boyfriend discovered that he had a $23 NSF fee on his banking account for a recent rent check (due Aug. 1st) Our landlord apparently cashed them, and they cleared on the 9th (mine did) and he got the charge on the 10th. He immediately contacted the Landlord and offered to make get her a money order and drive it out to her if the check did indeed bounce. She told us that she would charge a $30 late fee for each day (the 1st through today--the 13th) that the check was late. That's $360 for a bounced check. In our lease, the details are a bit fuzzy, but it says there will be a $45 late fee for each bounced and returned check, plus any late charges (that are applicable). Are we in the wrong for believeing that we shouldn't be charged $360, but just a one day penalty since we offered to pay it immediately. We live in Florida, and as far as we can tell, the max that a lessor is able to charge is $40 on a rent check of $300 or more. References requested.

The landlord did in fact wait till (she says the 4th) The cashed check, that I have, states that it was deposited on the 7th. I'm trying to figure out how much we actually do owe. We discovered it on the 12th. We offered to pay her, today on the 13th... so do we count weekends?

Answer 1

Checks are accepted subject to clearance by the bank. If the check bounces the rent is considered unpaid. Sorry, but you owe all of the bounced check charges plus late fees from the date that the rent was due.

You might have an argument if the landlord waited several days to deposit the check at least as far as the days that the check went undeposited by the landlord. Other than that, you owe the fees.