Can you ask for late fees when you give a 3-day-notice?

I assume this is a residential tenancy. You cannot ask for late fees in your 3 day notice unless your lease specifically states that late fees are considered additional rent. Most residential leases do not say that, so you probably may not ask for late fees in your 3 day notice. You would have to review your lease to be sure. It is not a good idea to accept any rent if you intend to evict the tenant for non payment of rent. See Florida Statutes, Section 83.56(5) which provides in part: If the landlord accepts rent with actual knowledge of a noncompliance by the tenant ... the landlord ... waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. There may be arguments in favor of a landlord accepting partial payment if the lease provides that waiver will not occur if the landlord accepts partial payments, but for a clean and uncomplicated eviction, a landlord is generally better off not accepting any rent if the tenant is unable to pay the entire amount.

You should not include the late fees. Some courts will not allow the 3-day notice to include late fees even if the Lease states "all charges are considered 'additional rent.'" You will be allowed to bring this up in your lawsuit, as well as the other charges which may have accrued. Have your attorney file a Count One and Count Two lawsuit together. (In most counties, it is only an additional $10.00 to file the Count Two with the Count One. Having the summons served will be a little more, like $40.00) There is a presumption in the Courts that the LandLord is willing to work with the Tenant and continue with the remainder of the Lease if the LL uses a 3-day Vacate or Pay Notice. You should probably not use the 3-day Notice more than twice in a year and probably no more than once in a calendar month. (By the way, there is a presumption in the Courts that the LL is not willing to continue with the remainder of the Lease if the LL uses a 7-day Notice to Cure Violation.)