JACKSONVILLE, Fla. – If you’re a renter and your lease includes a “grace period,” be careful!
While the option of paying a few days later than the due date without penalty might seem like a nice bonus from your property manager, it could also be a trap.
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Mary DeVries, an attorney with Jacksonville Area Legal Aid (JALA), said tenants are often tripped up by deadlines, especially when leases mention a “grace period.”
“When tenants think about when rent is due, they might say there’s a grace period: It’s due on the 1st but not late until the 5th,” DeVries said.
But grace periods don’t align with state law, she warned.
“Florida law requires you to deposit the rent on the due date,” DeVries said. “If your lease says the 1st and you wait until the 4th or 5th, you’ve opened yourself up to a default.”
And if the landlord is looking for a way to legally raise the rent on your place, they could use the “grace period” against you.
“If a landlord wanted a tenant to leave because they want to raise the rent, the landlord may try to do things to trigger a default by the tenant,” DeVries said.
According to JALA, if your rent is past due, even for only a day or two, your landlord can start the eviction process -- regardless of a “grace period.”
READ: What you need to know about evictions for unpaid rent
DeVries said JALA’s housing unit receives roughly 40 eviction-related intake calls each week and that Duval County remains among Florida’s higher-filing jurisdictions.
What renters can do
Housing advocates recommend that tenants:
- Keep detailed records of payments, notices and communications.
- Monitor county court dockets frequently if a dispute is brewing.
- If served, respond within the statutory timeline and deposit rent as required.
- Seek legal help immediately.
If you believe you’re facing an unfair eviction, Jacksonville Area Legal Aid and other nonprofit legal services may be able to assist.