text: in florida does a landlord have to give a three or five day grace period on rent? i just finished my first year lease of a house. my landlord sent me a new lease for the next year but omitted the security deposit that i had paid on the first lease. when i asked the landlord about it she claimed that she deducted late fees and penalties from my security deposit and that i no longer had any security deposit left. i paid the rent most of the time on the 1st, 2nd or 3rd. i didn't consider paying on the 2nd or 3rd as being late, thinking that i had to be givin a 3 or 5 day grace period by law. am i right or is she right? is she is able to charge me $50.00 everytime i paid on the 2nd or 3rd of the month? i had $1200.00 in security deposit. even if i paid late every month that is still only a possible $600.00 in late fees. she says that i don't have any security deposit left. what can i do?  she has my money and is threatening to evict me if i don't sign the new lease as is. if i do sign the lease do i give up any rights to the rest of my security deposit? i am a florida landlord-tenant attorney.  the disposition of your security deposit will be determined according to the terms of your original written lease.  the landlord-tenant statute, f.s. 83 does not provide for late fees and does not grant a "grace period."  the good news is that the statute is very specific on how a claim against a security deposit must be made (section 83.49(3)).  in order to impose a claim against your security deposit the landlord must send you a written claim by certified mail within 30 days of the end of the lease,  or the right to make any claim at all is forfeited.    if the claim is property made be certified mail,  you must object within 15 days.  then you can sue the landlord in small claims court.  the party that looses the case has to pay for both side's attorney fees.  now that your lease is up, you are a "tenant at sufferance" and technically liable for double rent until you sign a new lease or the landlord accepts a rental payment.  signing the new lease without a security deposit on it does not affect your rights to your old deposit.  since you are not under a lease at the moment you may move with no penalty.  just be sure to give the landlord your forwarding address, because if she doesn't know where you moved, she can send her claim against your deposit to your old rental unit.  feel free to contact me through my website for more information.