Rent Late Fees by State (2026): Caps and Grace Periods
A late fee clause that breaks your state's rule can cost you the fee and sometimes more. Here is what each state says about late fee amounts and grace periods, pulled from the official sources, with the date we last checked each one.
Two questions every late fee clause has to answer
State law on late rent usually comes down to two things: how much you may charge, and how long you must wait after the due date before you charge it. Some states set a hard dollar or percentage cap, some only require the fee to be reasonable, and some say nothing and leave it to the lease. Grace periods work the same way. A few states require one, while most leave it to whatever the lease says.
Almost everywhere, a late fee has to be written into the lease before you can charge it. Adding a fee mid-lease, or charging one the lease never mentioned, is a common way landlords get into trouble.
Late fee limits in all 50 states and DC
Each row is the verified rule for that state, linked to the official code section or government source. Click a state name for its full late fee page.
| State | Rule | Source |
|---|---|---|
| Alabama | Alabama's landlord-tenant act (all sections read) sets no late-fee cap. Late fees are mentioned only as an amount a nonpayment notice may list (§ 35-9A-421(b)); the lease controls. | Ala. Code ch. 35-9A (incl. § 35-9A-421), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) checked 2026-10-16 |
| Alaska | Alaska's Uniform Residential Landlord and Tenant Act (AS 34.03, read in full on 2026-10-15) sets no cap on late fees; the lease terms control. | AS 34.03 checked 2026-10-15 |
| Arizona | No fixed cap: only a reasonable late fee set forth in a written rental agreement may be required to reinstate the lease. | A.R.S. § 33-1368(B) checked 2026-10-18 |
| Arkansas | Ch. 18-17 sets no cap on late fees. Late charges are treated as part of 'rent'. If rent is not paid within 5 days of the due date, the landlord may terminate the rental agreement. | A.C.A. §§ 18-17-301(10), 18-17-701(b) checked 2026-10-15 |
| California | Under § 1671(c)(2) and (d), a liquidated-damages clause in a residential lease is void unless the parties agree to an amount presumed to be the damage, and only where actual damages would be impracticable or extremely difficult to fix. Courts apply this to late fees (Harbor Island Holdings v. Kim, 2003). No statute caps residential late fees. | Cal. Civ. Code § 1671(b)–(d); Harbor Island Holdings, LLC v. Kim (2003) 107 Cal.App.4th 79 checked 2026-10-15 |
| Colorado | A late fee may be charged only if rent is at least 7 calendar days late and the fee is disclosed in the lease; maximum is the greater of $50 or 5% of the past-due rent. A tenant cannot be evicted for unpaid late fees. | C.R.S. § 38-12-105(1) checked 2026-10-15 |
| Connecticut | Only after a 9-day grace period (4 days for one-week tenancies); capped at the lesser of $5/day up to $50, or 5% of the late payment. | Conn. Gen. Stat. § 47a-15a checked 2026-10-15 |
| Delaware | No more than 5% of the monthly rent, and none within 5 days of the agreed due date. | 25 Del. C. § 5501(d) checked 2026-10-15 |
| District of Columbia | Only after rent is 5 days late (or a longer lease grace period); maximum 5% of the rent due, once per late payment; the lease must state the maximum fee, and a tenant cannot be evicted for an unpaid late fee. | D.C. Code § 42-3505.31 checked 2026-10-15 |
| Florida | Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | Fla. Stat. ch. 83, part II (§§ 83.40–83.683) checked 2026-10-15 |
| Georgia | Georgia's landlord-tenant article (O.C.G.A. 44-7-1 to -25) sets no late-fee cap or rule (full article read). | O.C.G.A. §§ 44-7-1 to 44-7-25 checked 2026-10-15 |
| Hawaii | Capped at 8% of the rent due. | HRS § 521-21(f) checked 2026-10-15 |
| Idaho | No fixed cap: fees, including late fees, must be reasonable and may not exceed what the rental agreement provides (changes need 30 days' written notice). | Idaho Code § 55-305 checked 2026-10-16 |
| Illinois | No statutory cap. Landlords may charge a reasonable fee for late rent. | Illinois Attorney General, Landlord and Tenant Rights and Laws checked 2026-10-15 |
| Indiana | Indiana's landlord-tenant law (Ind. Code art. 32-31 (Landlord-Tenant Relations), chs. 1–12, read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | Ind. Code art. 32-31 (Landlord-Tenant Relations), chs. 1–12 checked 2026-10-15 |
| Iowa | Rent up to $700/month: late fee capped at $12/day and $60/month. Rent over $700: $20/day and $100/month. | Iowa Code § 562A.9(4) checked 2026-10-15 |
| Kansas | Kansas's landlord-tenant law (K.S.A. 58-2540 to 58-2573 (Residential Landlord and Tenant Act), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | K.S.A. 58-2540 to 58-2573 (Residential Landlord and Tenant Act) checked 2026-10-15 |
| Kentucky | Kentucky's URLTA sets no cap on late fees (whole act read). It applies only in localities that adopted it. | KRS 383.500-.715 checked 2026-10-15 |
| Louisiana | The LA AG guide says late fees can be charged only if provided in the lease (or agreed orally if there is no written lease). It says the law sets no specific amount, but unreasonably high fees can be contested. | LA AG, Moving In, Moving Out checked 2026-10-15 |
| Maine | Rent is late only if unpaid 15 days after it is due. The late penalty may not exceed 4% of one month's rent, and the tenant must have been told in writing at signing that it may be charged. | 14 M.R.S. § 6028 checked 2026-10-15 |
| Maryland | A lease may not provide for a late penalty over 5% of the rent due for that period (weekly leases: no more than $3 per week or $12 per month). | Md. Code, Real Prop. § 8-208(d)(3) checked 2026-10-15 |
| Massachusetts | No interest or penalty for late rent until 30 days after the rent was due. | M.G.L. c. 186 § 15B(1)(c) checked 2026-10-15 |
| Michigan | No fixed cap. A late fee must be reasonable and proportionate to the landlord's actual damages from the late payment. | Michigan Legislature, A Practical Guide for Tenants & Landlords (rev. 3/2026), Question 12 checked 2026-10-15 |
| Minnesota | Allowed only if agreed in writing (the agreement must say when the fee applies); the fee may not exceed 8% of the overdue rent payment. | Minn. Stat. § 504B.177(a) checked 2026-10-15 |
| Mississippi | Ch. 89-8 sets no cap on late fees. Late fees required by the rental agreement count as 'rent' (§ 89-8-7) (full chapter read). | Miss. Code Ann. § 89-8-7 checked 2026-10-15 |
| Missouri | Missouri's landlord-tenant statutes (RSMo ch. 441 and 535) set no late-fee cap or rule (full chapters read). | RSMo ch. 441, 535 checked 2026-10-15 |
| Montana | Montana's landlord-tenant law (MCA tit. 70, chs. 24 and 25, read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | MCA tit. 70, chs. 24 and 25 checked 2026-10-15 |
| Nebraska | Nebraska's landlord-tenant law (Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Uniform Residential Landlord and Tenant Act), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Uniform Residential Landlord and Tenant Act) checked 2026-10-15 |
| Nevada | Must be reasonable and in the lease. For tenancies longer than week-to-week, no late fee until at least 3 calendar days after rent is due, and the fee can't exceed 5% of the periodic rent. | NRS 118A.210(4) checked 2026-10-15 |
| New Hampshire | Neither RSA ch. 540 nor ch. 540-A sets a cap on late fees (both chapters read in full). | RSA ch. 540, 540-A checked 2026-10-15 |
| New Jersey | The NJ DCA Truth in Renting guide says a landlord may charge a late fee if the lease clearly states it. Senior citizens get a 5-business-day grace period before a late fee may be assessed (N.J.S.A. 2A:42-6.1 to -6.3). Late fees count as additional rent in an eviction case only if the lease says so. | NJ DCA, Truth in Renting checked 2026-10-15 |
| New Mexico | Only if the lease provides for one; maximum 10% of the rent payment for each period in default, and the owner must give notice of the fee by the end of the next rental period. | NMSA 1978, § 47-8-15(D) checked 2026-10-15 |
| New York | A late fee may be charged only if rent is more than 5 days late. It is capped at $50 or 5% of the monthly rent, whichever is less. | N.Y. Real Prop. Law § 238-a(2) checked 2026-10-15 |
| North Carolina | Only once rent is 5 or more calendar days late. Monthly rent: no more than $15 or 5% of monthly rent, whichever is greater. Weekly rent: $4 or 5%, whichever is greater. Only one late fee per late payment. | N.C. Gen. Stat. § 42-46(a)-(b) checked 2026-10-15 |
| North Dakota | North Dakota's landlord-tenant law (N.D.C.C. ch. 47-16, read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | N.D.C.C. ch. 47-16 checked 2026-10-15 |
| Ohio | Ohio's landlord-tenant law (Ohio Rev. Code ch. 5321 (§§ 5321.01–5321.20), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | Ohio Rev. Code ch. 5321 (§§ 5321.01–5321.20) checked 2026-10-15 |
| Oklahoma | Oklahoma's landlord-tenant law (Okla. Stat. tit. 41 (Landlord and Tenant), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | Okla. Stat. tit. 41 (Landlord and Tenant) checked 2026-10-15 |
| Oregon | Only if rent is not received by the 4th day of the period and a written agreement sets out the fee. Limits: a reasonable flat fee once per period, or a daily fee up to 6% of that flat amount, or 5% of the rent per 5-day period. Unpaid late fees alone are not grounds for a nonpayment eviction. | ORS 90.260 checked 2026-10-15 |
| Pennsylvania | No fixed cap is given. The Attorney General's guide says late fees should not be excessive and should reasonably relate to the landlord's costs, and the lease should disclose any late penalties. | Pennsylvania Office of Attorney General, Consumer Guide to Tenant and Landlord Rights (v1.1, June 13, 2022) checked 2026-10-15 |
| Rhode Island | Rhode Island's landlord-tenant law (R.I. Gen. Laws ch. 34-18 (Residential Landlord and Tenant Act), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | R.I. Gen. Laws ch. 34-18 (Residential Landlord and Tenant Act) checked 2026-10-15 |
| South Carolina | South Carolina's landlord-tenant law (S.C. Code tit. 27, ch. 40 (Residential Landlord and Tenant Act), read in full on 2026-10-15) sets no late-fee cap (late charges are simply counted as rent, § 27-40-210); the lease terms control. | S.C. Code tit. 27, ch. 40 (Residential Landlord and Tenant Act) checked 2026-10-15 |
| South Dakota | South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | SDCL ch. 43-32 checked 2026-10-15 |
| Tennessee | Landlords may charge a late fee of up to 10% of the rent. | Tennessee Dept. of Commerce & Insurance, Ready to Rent brochure (2019) checked 2026-10-15 |
| Texas | Allowed only if the written lease provides for it and the fee is reasonable. A fee is presumed reasonable at up to 12% of monthly rent for buildings of 4 or fewer units, or 10% for buildings of more than 4 units. | Tex. Prop. Code § 92.019 checked 2026-10-15 |
| Utah | A late fee may not exceed the greater of 10% of the agreed rent or $75. Other fees must be in the rental agreement, or added to a month-to-month agreement with 15 days' notice. | Utah Code § 57-22-4(5) checked 2026-10-15 |
| Vermont | Vermont's landlord-tenant law (9 V.S.A. ch. 137 (Residential Rental Agreements), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | 9 V.S.A. ch. 137 (Residential Rental Agreements) checked 2026-10-15 |
| Virginia | Late charge must be in the written lease and can't exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed. | Va. Code § 55.1-1204(E) checked 2026-10-15 |
| Washington | No late fee for rent paid within 5 days of its due date. After that, late fees may run from the first day after the due date. | RCW 59.18.170(2) checked 2026-10-15 |
| West Virginia | Landlords may charge reasonable late fees set out in the rental agreement and take them from the security deposit at move-out. W. Va. Code ch. 37, arts. 6 and 6A (read in full on 2026-10-16) set no dollar or percentage cap. Statute text: "(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to: (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement; (2) The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear; (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant; (4) The payment of reasonable costs for the removal and storage of the tenant's personal property." (W. Va. Code § 37-6A-2(b)(1)). | W. Va. Code § 37-6A-2(b)(1) checked 2026-10-16 |
| Wisconsin | Late fees only as specifically provided in the rental agreement. Rent prepayments must be applied first, and there can be no fee for not paying a late fee. | Wis. Admin. Code ATCP 134.09(8) checked 2026-10-15 |
| Wyoming | Wyoming's landlord-tenant law (Wyo. Stat. §§ 1-21-1201 to 1-21-1211 (Residential Rental Property Act), read in full on 2026-10-15) sets no late-fee cap; the lease terms control. | Wyo. Stat. §§ 1-21-1201 to 1-21-1211 (Residential Rental Property Act) checked 2026-10-15 |
Grace periods before a late fee can be charged
This table shows whether the state requires a waiting period after the due date before a late fee applies. Where the state sets none, the lease terms usually control, so your lease is where the grace period lives.
| State | Rule | Source |
|---|---|---|
| Alabama | Alabama's landlord-tenant act sets no late-fee grace period or cap (all sections read). Late fees appear only in the 7-business-day nonpayment notice (§ 35-9A-421(b)). | Ala. Code ch. 35-9A (incl. § 35-9A-421), §§ 35-9A-101 to 35-9A-603 (all 48 sections searched in full; Browser transcription) checked 2026-10-16 |
| Alaska | Alaska's Uniform Residential Landlord and Tenant Act (AS 34.03, read in full on 2026-10-15) sets no grace period before a late fee; the lease terms control. | AS 34.03 checked 2026-10-15 |
| Arizona | Arizona's Residential Landlord and Tenant Act sets no late-fee grace period or cap. It refers only to a 'reasonable late fee set forth in a written rental agreement' (§ 33-1368(B)). Full act read. | A.R.S. § 33-1368(B); §§ 33-1301 to 33-1381 checked 2026-10-18 |
| Arkansas | Ch. 18-17 sets no grace period before a late fee may be charged. It does give the tenant 5 days after the due date before the landlord may terminate for nonpayment. | A.C.A. § 18-17-701(b) checked 2026-10-15 |
| California | The California Tenants guide (2026, DRE) says grace periods are common in rental agreements, typically waiving the fee if rent is paid before the 6th. It says a late fee must be a reasonable estimate of the landlord's costs, and one so high it is a penalty is not valid. It cites no statutory grace period, and some local rent ordinances limit late fees. | California Tenants (2026 ed.), Dept. of Real Estate checked 2026-10-15 |
| Colorado | No late fee may be charged until rent is at least 7 calendar days late. Fees are capped at the greater of $50 or 5% of past-due rent and must be disclosed in the lease. Tenants cannot be evicted for unpaid late fees. | C.R.S. § 38-12-105(1) checked 2026-10-15 |
| Connecticut | 9-day grace period (4 days for one-week tenancies). After that, a late charge allowed by the written lease is capped at the lesser of $5 a day up to $50, or 5% of the delinquent rent. Only one late charge may be assessed per late payment. | Conn. Gen. Stat. § 47a-15a checked 2026-10-15 |
| Delaware | A late charge may not be imposed within 5 days of the agreed rent due date. It is capped at 5% of monthly rent, and a landlord with no office in the county for receiving rent must allow 3 more days. | 25 Del. C. § 5501(d) checked 2026-10-15 |
| District of Columbia | 5-day grace period (or longer if the lease allows). Late fees are capped at 5% of the rent due, must be stated in the lease, may be charged only once per late payment, and cannot be grounds for eviction. | D.C. Code § 42-3505.31 checked 2026-10-15 |
| Florida | Florida's landlord-tenant law (Fla. Stat. ch. 83, part II (§§ 83.40–83.683), read in full on 2026-10-15) sets no grace period before a late fee; the lease terms control. | Fla. Stat. ch. 83, part II (§§ 83.40–83.683) checked 2026-10-15 |
| Georgia | Georgia's landlord-tenant article (O.C.G.A. 44-7-1 to -25) sets no late-fee grace period (full article read). | O.C.G.A. §§ 44-7-1 to 44-7-25 checked 2026-10-15 |
| Hawaii | Hawaii's Residential Landlord-Tenant Code (HRS ch. 521, read in full on 2026-10-15) sets no grace period before a late charge (late charges are capped at 8% of rent due under § 521-21(f)). | HRS ch. 521; § 521-21(f) checked 2026-10-15 |
| Idaho | Idaho Code (Title 6 ch. 3 and Title 55 chs. 2–3, read in full on 2026-10-15) sets no late-fee grace period. Late fees must be reasonable and in the lease, and fees not in a written lease need 30 days' written notice (for leases signed or renewed on or after 7/1/2023). | Idaho Code § 55-305 checked 2026-10-16 |
| Indiana | Indiana's landlord-tenant statutes (IC 32-31) set no late-fee grace period or cap (full chapters read). | IC 32-31 checked 2026-10-15 |
| Iowa | Iowa's Uniform Residential Landlord and Tenant Act (ch. 562A, read in full on 2026-10-15) sets no grace period before a late fee. It caps late fees at $12/day or $60/month for rent of $700 or less, and $20/day or $100/month above $700 (§ 562A.9(4)). | Iowa Code ch. 562A; § 562A.9(4) checked 2026-10-15 |
| Kansas | The Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573) sets no grace period for late fees (whole act read). | K.S.A. 58-2540 et seq. checked 2026-10-15 |
| Kentucky | Kentucky's URLTA sets no grace period for late fees (whole act read). It applies only in localities that adopted it. | KRS 383.500-.715 checked 2026-10-15 |
| Louisiana | Louisiana's lease law (Civil Code arts. 2668-2729 and R.S. 9:3251-3261) sets no late-fee grace period or cap (full text read). | La. C.C. arts. 2668-2729; La. R.S. 9:3251-3261 checked 2026-10-15 |
| Maine | Rent is not late until 15 days after it is due. The late penalty may not exceed 4% of one month's rent, and the tenant must have been told about it in writing when the agreement was made. | 14 M.R.S. § 6028 checked 2026-10-15 |
| Massachusetts | No lease may impose interest or a penalty for late rent until 30 days after the rent was due. | M.G.L. c. 186, § 15B(1)(c) checked 2026-10-15 |
| Minnesota | A late fee may be charged after the due date only if agreed in writing, and it may not exceed 8% of the overdue rent. There is no statutory grace period. | Minn. Stat. § 504B.177(a) checked 2026-10-15 |
| Mississippi | Ch. 89-8 sets no grace period before a late fee may be charged (full chapter read). | Miss. Code Ann. ch. 89-8 checked 2026-10-15 |
| Missouri | Missouri's landlord-tenant statutes (RSMo ch. 441 and 535) set no late-fee grace period (full chapters read). | RSMo ch. 441, 535 checked 2026-10-15 |
| Montana | Montana's Residential Landlord and Tenant Act sets no late-fee grace period or cap (full act read). It only counts late fees as 'rent' when agreed in the rental agreement (§ 70-24-103(14)). | MCA 70-24-103(14); 70-24-101 to -442 checked 2026-10-15 |
| Nebraska | Nebraska's URLTA sets no late-fee grace period or late-fee cap (full act read). | Neb. Rev. Stat. §§ 76-1401 to 76-1449 checked 2026-10-15 |
| Nevada | For tenancies longer than week to week, no late fee may be charged until at least 3 calendar days after rent is due. Late fees are capped at 5% of periodic rent. | NRS 118A.210(4) checked 2026-10-15 |
| New Hampshire | Neither RSA ch. 540 nor ch. 540-A sets a grace period for late fees (both chapters read in full). | RSA ch. 540, 540-A checked 2026-10-15 |
| New Jersey | Senior citizens get a 5 business-day grace period before a late fee may be charged. No general grace period applies to other tenants; late charges must be in the lease. | N.J.S.A. 2A:42-6.1 to -6.3 (NJ DCA Truth in Renting) checked 2026-10-15 |
| New Mexico | If the lease provides for a late fee, it may not exceed 10% of the total rent for each period in default, and the owner must give notice of the fee by the last day of the next rental period. The Owner-Resident Relations Act sets no grace period. | NMSA § 47-8-15(D) checked 2026-10-15 |
| New York | No late fee may be charged unless rent remains unpaid 5 days after the due date. | N.Y. Real Prop. Law § 238-a(2) checked 2026-10-15 |
| North Carolina | A late fee may be charged only when rent is 5 or more calendar days late, counting from the day after the due date. It may be charged only once per late payment. | N.C. Gen. Stat. § 42-46(a)–(b) checked 2026-10-15 |
| North Dakota | N.D.C.C. ch. 47-16 sets no grace period for late fees (whole chapter read). The ND Attorney General says the lease must state any late fee and when it is charged. | N.D.C.C. ch. 47-16; ND AG Tenant Rights checked 2026-10-15 |
| Ohio | Ohio's landlord-tenant law (Ohio Rev. Code ch. 5321 (§§ 5321.01–5321.20), read in full on 2026-10-15) sets no grace period before a late fee; the lease terms control. | Ohio Rev. Code ch. 5321 (§§ 5321.01–5321.20) checked 2026-10-15 |
| Oklahoma | Okla. Stat. tit. 41 (read in full on 2026-10-15) sets no late-fee grace period or cap; the lease controls. | Okla. Stat. tit. 41 checked 2026-10-15 |
| Oregon | A late fee is allowed only if rent is not received by the 4th day of the weekly or monthly rental period and a written agreement sets the fee, so fees can begin on day 5. | ORS 90.260(1) checked 2026-10-15 |
| Pennsylvania | Pennsylvania's Landlord and Tenant Act of 1951 sets no late-fee grace period or cap (full act read). The Attorney General's tenant guide says late fees should not be excessive and should bear a reasonable relation to the landlord's cost. | 68 P.S. § 250.101 et seq.; PA OAG Consumer Guide to Tenant and Landlord Rights (2022) (Act of 1951, Section 101) checked 2026-10-15 |
| Rhode Island | Rhode Island's landlord-tenant law (R.I. Gen. Laws ch. 34-18 (Residential Landlord and Tenant Act), read in full on 2026-10-15) sets no grace period before a late fee; the lease terms control. | R.I. Gen. Laws ch. 34-18 checked 2026-10-15 |
| South Carolina | S.C. Code ch. 27-40 (read in full on 2026-10-15) sets no late-fee grace period or cap. The landlord can terminate for nonpayment only if rent stays unpaid for 5 days after the due date, with written notice (which can be given once, in the lease). | S.C. Code § 27-40-710(B) checked 2026-10-15 |
| South Dakota | SDCL ch. 43-32 (read in full on 2026-10-15) sets no late-fee grace period or cap, so the lease controls. | SDCL ch. 43-32 checked 2026-10-15 |
| Tennessee | 5-day grace period, counting the due date. If day 5 falls on a Sunday or legal holiday, payment on the next business day is on time. Late fees are capped at 10% of past-due rent. (Applies in counties covered by the URLTA, those with more than 75,000 people.) | Tenn. Code Ann. § 66-28-201(d) checked 2026-10-15 |
| Texas | Rent must remain unpaid for 2 full days after the due date before a late fee can be charged. | Tex. Prop. Code § 92.019 checked 2026-10-15 |
| Utah | The Utah Fit Premises Act (ch. 57-22, read in full on 2026-10-15) sets no late-fee grace period. Late fees are capped at the greater of 10% of the agreed rent or $75. | Utah Code § 57-22-4(5)(a) checked 2026-10-15 |
| Vermont | Vermont's landlord-tenant law (9 V.S.A. ch. 137 (§§ 4451–4475), read in full on 2026-10-15) sets no grace period before a late fee; the lease terms control. | 9 V.S.A. ch. 137 (§§ 4451–4475) checked 2026-10-15 |
| Virginia | When the landlord does not offer a written lease, rent is due on the 1st and is not late until after the 5th of the month; any late charge is capped at 10% (§ 55.1-1204(E)). Statute text: "Rent payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month" (Va. Code § 55.1-1204(C)(4)). | Va. Code § 55.1-1204(C)(4) checked 2026-10-16 |
| Washington | No late fee may be charged for rent paid within 5 days after the due date. After that, late fees may run from the first day after the due date. | RCW 59.18.170(2) checked 2026-10-15 |
| West Virginia | West Virginia's landlord-tenant chapter (37-6) sets no late-fee grace period or cap (full chapter read). | W. Va. Code ch. 37-6 checked 2026-10-15 |
| Wisconsin | Wisconsin's residential landlord-tenant law (ch. 704 and ATCP 134) sets no late-fee grace period for residential tenancies (full text read). The 5-day late-fee rule in ch. 704 applies only to self-service storage units. | Wis. Stat. ch. 704; Wis. Admin. Code ch. ATCP 134 checked 2026-10-15 |
| Wyoming | Wyoming's residential rental article (W.S. 1-21-1201 to -1211) sets no late fee grace period (whole article read). | W.S. 1-21-1201 et seq. checked 2026-10-15 |
Setting up a late fee policy that holds up
Write the fee amount, the due date and any grace period into the lease in plain terms, and make sure they fit your state's rule above. Apply the policy the same way to every tenant, keep a record of when rent arrived and when you charged a fee, and send a written ledger if a tenant disputes a charge. These are good-practice habits, not legal requirements.
Late fees and eviction notices are separate rules. Charging a late fee does not start an eviction, and most states require a specific written notice before you can file for nonpayment. Some cities, especially those with rent stabilization, also limit late fees on covered units, so check the city pages if your rental is in a city we cover.
Frequently asked questions
Can I charge a late fee if my lease does not mention one?
In most states a late fee must be agreed to in the written lease first. Check your state's row above and the linked source before charging any fee the lease does not spell out.
Is a late fee the same as interest on late rent?
No. A late fee is usually a one-time or daily charge set in the lease, and some states treat interest or added daily charges differently. Read your state's rule and the linked statute for how it treats each.
Does charging a late fee affect an eviction for nonpayment?
Charging a fee does not replace the notice your state requires before filing for nonpayment, and some states limit whether unpaid late fees can be part of the amount demanded. Check your state's eviction notice page before you serve anything.
How often are these rules checked?
Every rule on this page is pulled from our verified data, which is re-checked against the official source on a rolling daily schedule. The last-checked date beside each rule shows when we last confirmed it.
- Late fees in Texas
- Late fees in New York
- Late fees in California
- Late fees in Florida
- Late fees in Maryland
- Late fees in Minnesota
- Eviction notice for nonpayment in Texas
- Eviction notice for nonpayment in New York
- All states
- Cities with their own rules
- Security deposit return deadlines by state
- Landlord law FAQ
Not legal advice. General information only. Laws change, and local rules, lease terms and your facts matter. Check the official source linked for each rule and talk to a licensed attorney in your state before you act.