Money
Late fee laws by state
The rule in every state and DC, with the statute and how well each answer is verified. Click a state for its full page.
Late fee laws decide when a late fee can start (the grace period), how large it can be, and whether it must be written into the lease. Where there is no statute, a court may still ask whether the fee is reasonable.
What to check in your state
- The grace period before a fee can be charged.
- The cap, which may be a percentage of monthly rent or a flat dollar amount.
- Whether daily late fees are allowed and whether they have a monthly ceiling.
Common mistakes
- Charging a fee the lease does not mention.
- Using one lease template across states with different caps.
Related: Rent delinquency workflow
| State | Rule | Details | Sources |
|---|---|---|---|
| Alabama | No statutory cap or grace period. | Alabama law does not set a late fee limit. Put the fee in the lease and keep it reasonable. The 7 business day nonpayment notice may list late fees owed along with rent. | Ala. Code § 35-9A-421(b) Secondary source |
| Alaska | No statutory cap. | Alaska's act does not set a late fee limit or grace period. State any fee in the lease and keep it reasonable. | AS 34.03 (no late fee section) Secondary source |
| Arizona | No dollar cap. The fee must be reasonable and written in the lease. | The statute lets a tenant reinstate by paying past due rent plus a reasonable late fee set in a written rental agreement. Courts can also award late charges stated in the lease. | A.R.S. §§ 33-1368(B), 33-1377(F) Secondary source |
| Arkansas | No state cap found. | The code as of 2024 had no late fee limit or grace period. We could not confirm whether 2025 legislation changed this. Put any fee in the lease and keep it reasonable. | Not yet verified |
| California | No statutory cap. The fee must be a reasonable estimate of the landlord's actual loss. | California courts treat late fees as liquidated damages, so a fee that is a penalty can be thrown out. Put the fee in the lease. A 3-day notice to pay may demand only rent, not late fees. | Cal. Civ. Code § 1671; Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7 Secondary source |
| Colorado | Greater of $50 or 5% of the past due rent, only after rent is 7 calendar days late. | The fee must be in the lease, and you must give written notice of it within 180 days after the rent was due. Charge one late fee per late payment, no interest on late fees, and do not take late fees out of rent payments or charge them on a subsidy provider's share. You cannot evict or terminate for unpaid late fees alone. | C.R.S. § 38-12-105(1) Checked against the official source |
| Connecticut | After a 9-day grace period, the lesser of $5 a day (up to $50) or 5% of the late rent. | The grace period is 4 days for weekly tenancies. Only one late fee per late payment, and it must be in a written lease. For subsidized tenants, the 5% applies to the tenant's share only. From January 1, 2026, the grace period is extended if the landlord's online payment system prevents on-time payment. | Conn. Gen. Stat. § 47a-15a Checked against the official source |
| Delaware | Up to 5% of monthly rent, and only after rent is more than 5 days late. | The landlord must keep an office in the county where the unit is, or the tenant gets extra time. Late fees count as additional rent and can be included in an action for rent. | 25 Del. C. § 5501(d) Checked against the official source |
| District of Columbia | Up to 5% of the rent due, only after 5 days late, and only once per late payment. | Late fees cannot earn interest, cannot be deducted from later rent payments, and cannot be the sole basis for eviction. You cannot charge a late fee on a portion of rent a subsidy provider is responsible for. Unpaid late fees can be invoiced and later taken from the deposit at move-out. | D.C. Code § 42-3505.31 Checked against the official source |
| Florida | No statutory cap. Late fees must be in the lease. | Chapter 83 does not set a late fee amount or grace period. Keep fees reasonable; courts can refuse to enforce a fee that works as a penalty. | Fla. Stat. ch. 83, part II Secondary source |
| Georgia | No statutory cap. Late fees must be in the lease. | Georgia law does not set a late fee amount or grace period. Keep fees reasonable and state them in the lease. | O.C.G.A. Title 44, Ch. 7 Secondary source |
| Hawaii | Up to 8% of the rent due. | The cap applies when the rental agreement provides for a late charge. The Code sets no grace period. | HRS § 521-21(f) Checked against the official source |
| Idaho | Must be reasonable and no more than the rental agreement states. | Applies to rental agreements entered into or renewed on or after July 1, 2023. You cannot charge a fee that is not in the agreement unless the agreement is oral or you give 30 days' written notice of the change. There is no fixed dollar or percentage cap. | Idaho Code § 55-305 Checked against the official source |
| Illinois | No statewide cap, but late fees must be in a written lease. | Chicago caps late fees at $10 for the first $500 of rent plus 5% of rent over $500. Suburban Cook County caps them at $10 for the first $1,000 plus 5% of rent over $1,000. Evanston and Oak Park have their own caps. | Local ordinances Secondary source |
| Indiana | No statewide limit. | No Indiana statute caps or sets rules for late fees, so the lease controls. Local governments cannot regulate fees charged by landlords. Very large fees can still be challenged in court as unreasonable penalties. | IC 32-31-1-20 Secondary source |
| Iowa | Rent $700 or less: $12 a day, $60 a month max. Above $700: $20 a day, $100 a month max. | These caps apply to the late fee written into the lease. Charging more makes the excess unenforceable. | Iowa Code 562A.9(4) Checked against the official source |
| Kansas | No statewide limit found. | The act does not set a late fee cap, so the lease controls. Accepting late rent without reservation waives your right to terminate for that late payment. | K.S.A. 58-2545; 58-2566 Secondary source |
| Kentucky | No statewide statute. | KRS chapter 383, which holds Kentucky's landlord and tenant law, has no late fee provision. Put any fee in the lease and keep it reasonable. | KRS chapter 383 (table of contents) Checked against the official source |
| Louisiana | No statewide limit found. | No statute capping residential late fees was found; the lease controls. | Not yet verified |
| Maine | Up to 4 percent of one month's rent, only after rent is 15 days late. | You must disclose in writing at lease signing that a late fee of up to 4 percent may be charged. | 14 M.R.S. 6028 Checked against the official source |
| Maryland | No more than 5 percent of the unpaid rent for the period. | Since October 1, 2025, the cap is measured against the unpaid rent, not the full amount due. For weekly rent, the limit is $3 a week and $12 a month. | Md. Code, Real Prop. 8-208(d)(3) Checked against the official source |
| Massachusetts | No late fee or interest until rent is 30 days late. | A lease or rental agreement may not impose any interest or penalty for late rent until 30 days after it was due. A fee charged sooner is unenforceable. | G.L. c. 186, § 15B(1)(c) Checked against the official source |
| Michigan | No statutory cap; must be reasonable. | Michigan has no statute setting a late fee limit. Courts can refuse to enforce a fee that works as a penalty rather than a fair estimate of the landlord's costs. | Truth in Renting Act, MCL 554.631 et seq. Secondary source |
| Minnesota | Up to 8% of the overdue rent, only if agreed in writing. | A late fee is allowed only if the written lease says when it applies, and it may not exceed 8% of the overdue payment. For tenants with a housing assistance payments contract, the fee may be based only on the tenant's share of rent. Federal subsidized housing rules control if they conflict. | Minn. Stat. § 504B.177 Checked against the official source |
| Mississippi | No statutory cap found; put any fee in the written lease. | We found no Mississippi statute limiting residential late fees. Judges in nonpayment cases must follow the signed rental agreement, and eviction filings may list rent and additional fees owed, so state the late fee clearly in the lease. | Miss. Code Ann. §§ 89-8-13(5)(b), 89-8-33 (2022 SB 2461) Secondary source |
| Missouri | No statewide statute caps late fees. | Missouri's landlord-tenant chapters (RSMo chapters 441 and 535) set no late fee limit. Put any fee in the lease and keep it reasonable. Unpaid late fees can be joined in a rent and possession case, but they are not rent and a judgment for them alone does not support an order for possession. | RSMo chs. 441 and 535; § 535.020 Checked against the official source |
| Montana | No statutory cap. | Montana has no statute limiting late fees. Late charges and other penalties due under the lease can be deducted from the deposit. | MCA 70-25-201(1) Secondary source |
| Nebraska | No statewide statute caps late fees. | Nebraska's Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. 76-1401 to 76-1449) has no late fee section. Put any fee in the written lease and keep it reasonable. A lease may not make the tenant pay the landlord's attorney fees. | Neb. Rev. Stat. §§ 76-1401 to 76-1449 (no provision); § 76-1415(1)(c) Checked against the official source |
| Nevada | Max 5% of periodic rent, and none until 3 calendar days after rent is due. | The 3-day wait applies to tenancies longer than week to week. The fee must be in the lease and must be reasonable. You cannot raise the late fee because of an earlier late fee. | NRS 118A.210(4) Checked against the official source |
| New Hampshire | No state statute caps late fees. | Put any late fee in the lease and keep it reasonable. To stop a nonpayment eviction, a tenant can pay all rent due plus $15 liquidated damages and court costs before the hearing, up to 3 times in 12 months. | RSA 540:9 (no late fee cap found) Secondary source |
| New Jersey | No statewide cap; 5 business day grace period for seniors and certain benefit recipients. | If rent is due on the first, seniors on Social Security or similar government pensions and people on SSDI, SSI, or Work First New Jersey get 5 business days before any late charge. In a nonpayment eviction, a tenant who pays all rent within 3 business days after the warrant is posted or the lockout cannot be charged a late fee above the amount stated in the warrant application. Local rent control ordinances may also limit fees. | N.J.S.A. 2A:42-6.1 to 6.3, 2A:42-10.16a Checked against the official source |
| New Mexico | Max 5% of the rent for each period in default, if the lease allows late fees. | Calculate on rent only, not deposits, fees or utilities. Give written notice of the late fee by the last day of the next rental period or you lose it. The cap dropped from 10% to 5% on June 20, 2025. | NMSA 47-8-15(D) (Laws 2025, ch. 122) Checked against the official source |
| New York | Lesser of $50 or 5% of monthly rent, and only after rent is 5 days late. | The limit applies to all residential leases. Lease terms that go beyond this are unenforceable. | N.Y. Real Prop. Law § 238-a(2) Checked against the official source |
| North Carolina | Greater of $15 or 5% of monthly rent, and only after 5 calendar days late. | Count the 5 days starting the day after rent is due. Weekly rent: greater of $4 or 5%. One late fee per late payment, and it cannot be deducted from the next rent to create a new default. On subsidized units, figure fees on the tenant's share only. Lease terms that break these rules are void. | N.C. Gen. Stat. § 42-46(a), (b), (h)(4), (h)(5) Checked against the official source |
| North Dakota | No state statute caps late fees. | Put late fee terms in the lease and keep them reasonable. You cannot charge a fee for accepting rent by cash, check or money order. | N.D.C.C. § 47-16-20.1 (no late fee cap found) Secondary source |
| Ohio | No statewide statute. | Ohio Rev. Code chapter 5321 sets no late fee cap or grace period. A court may refuse to enforce a lease term it finds unconscionable, so keep fees modest and spelled out in the lease. | Ohio Rev. Code ch. 5321 (no provision); § 5321.14 Checked against the official source |
| Oklahoma | No statute sets a cap or grace period. | The Act is silent on late fees. Oklahoma courts can strike fees that work as penalties rather than a reasonable estimate of the landlord's loss, so keep fees reasonable and stated in the lease. | Not yet verified |
| Oregon | Only after rent is unpaid by the 4th day of the period, and only if the written lease spells it out. | Choose one: a reasonable flat fee once per period; a daily fee starting day 5, capped at 6% of a reasonable flat fee per day; or 5% of the rent for each 5-day period late starting day 5. You need 30 days' written notice to change the fee in a periodic tenancy. A late fee alone cannot support a nonpayment notice. | ORS 90.260 Checked against the official source |
| Pennsylvania | No statewide statute sets a cap or grace period. | The Landlord and Tenant Act of 1951 has no late fee section. Keep fees reasonable and written in the lease, and check city rules. | Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq. (no provision) Checked against the official source |
| Rhode Island | No statute sets a late fee cap. | The Act does not cap late fees, but any fees beyond rent must be disclosed in the same lease section as the rent, and landlords cannot add convenience fees to rent payments when a free payment method is not offered. | Not yet verified |
| South Carolina | No statute sets a cap or grace period. | The Residential Landlord and Tenant Act does not regulate late fees. State them clearly in the lease and keep them reasonable. | Not yet verified |
| South Dakota | No statute sets a cap or grace period. | South Dakota's lease statutes do not regulate late fees. State any fee in the lease and keep it reasonable. | Not yet verified |
| Tennessee | 5-day grace period, then a fee of no more than 10% of the past-due rent. | Count the due date as day one. If day five falls on a Sunday or legal holiday, no fee may be charged if rent is paid the next business day. | Tenn. Code Ann. § 66-28-201(d) Secondary source |
| Texas | Allowed only after rent is unpaid two full days, if in the written lease and reasonable. | A fee is presumed reasonable if it is no more than 12% of monthly rent for buildings with four or fewer units, or 10% for buildings with more than four units. Initial plus daily fees count as one fee. Violations cost $100 plus three times the fee plus attorney's fees. | Tex. Prop. Code § 92.019 Checked against the official source |
| Utah | Capped at the greater of 10% of rent or $75. | Other fees must be in the rental agreement. A fee not in the agreement can be added only on a month-to-month tenancy with 15 days' notice. | Utah Code § 57-22-4(5) Checked against the official source |
| Vermont | No statewide statute caps or regulates late fees. | Chapter 137 has no late fee section. Put any late fee in the written lease and keep it reasonable, and check local ordinances. | 9 V.S.A. ch. 137 (no late fee provision) Checked against the official source |
| Virginia | Only if in the written lease; capped at the lesser of 10% of rent or 10% of the unpaid balance. | Without a written lease, rent is late after the 5th. Landlords may not charge payment processing fees unless a fee-free payment option is offered. | Va. Code § 55.1-1204(C), (E), (J) Checked against the official source |
| Washington | No late fee if rent is paid within 5 days of the due date. No statewide dollar cap. | After day 5, fees may run from the day after the due date. Tenants whose main income is monthly government assistance can ask to move the due date up to 5 days. | RCW 59.18.170 Checked against the official source |
| West Virginia | No statewide statute caps or regulates residential late fees. | Articles 6 and 6A of Chapter 37 have no late fee section. A deposit can be applied to reasonable late charges only if the rental agreement specifies them. | W. Va. Code ch. 37, arts. 6 and 6A (no late fee provision); § 37-6A-2(b)(1) Checked against the official source |
| Wisconsin | No statewide statute caps late fees. | Chapter 704 and ATCP 134 set no late fee cap. Disclose any late fee in the rental agreement. Late fees owed on past-due rent count as rent for a 5-day or 14-day nonpayment notice. | Wis. Stat. ch. 704 and Wis. Admin. Code ch. ATCP 134 (no late fee cap); Wis. Stat. § 704.17(1g) Checked against the official source |
| Wyoming | No statewide statute caps or regulates late fees. | The residential rental and eviction articles have no late fee section, and a search of the full statutes found none for residential rent. Set any late fee in the rental agreement and keep it reasonable. | Wyo. Stat. tit. 1, ch. 21, arts. 10 and 12 (no late fee provision) Checked against the official source |
Laws change. Each rule shows its source and the date it was last checked. Read the statute and talk to a local attorney before acting.
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