Rent Late Fee Laws by State
A late fee is a charge a landlord adds when rent is not paid on time. Some states set a maximum late fee for residential leases, either as a percentage of the monthly rent, a flat dollar amount, or a combination of both. Other states have no fixed number and instead require that any fee be reasonable or written into the lease.
49 states and DC compared. Last checked .
At a glance
- Cap (% of rent): range
- 4% to 10%
- Across the 12 jurisdictions with a single statewide figure.
- Grace period: range
- 2 days to 30 days
- Across the 13 jurisdictions with a single statewide figure.
Compare rent late fee laws
Some states also require a grace period, which is a set number of days after the due date during which the landlord may not charge a late fee. This guide compares the statewide statute for each state and DC: whether a cap exists, what it is, and how many grace days the law requires. Local ordinances and subsidized housing rules can add stricter limits.
50 of 50 shown
| Late fee cap | Sources | |||
|---|---|---|---|---|
| ALAlabama | No statewide capThe Alabama Uniform Residential Landlord and Tenant Act sets no late fee amount; rent terms are as agreed in the rental agreement. | No statutory cap | None required by statute | |
| AKAlaska | No statewide capThe Alaska Uniform Residential Landlord and Tenant Act sets no late fee amount; rent terms are as agreed in the rental agreement. | No statutory cap | None required by statute | |
| AZArizona | Must be reasonable and in a written leaseNo dollar or percentage limit in the statute. The landlord tenant act refers to a reasonable late fee set forth in a written rental agreement. | No statutory cap | None required by statute | |
| ARArkansas | No statewide capThe statute sets no late fee amount. The 5 day period in Ark. Code 18-17-701(b) applies to terminating the lease, not to late fees. | No statutory cap | None required by statute | |
| CACalifornia | No fixed cap; liquidated damages limits applyUnder Civ. Code 1671(c) and (d), a liquidated damages term in a lease of a dwelling is void unless actual damages would be impracticable or extremely difficult to fix. | No statutory cap | None required by statute | |
| COColorado | Greater of $50 or 5% of past due rentThe fee must be disclosed in the rental agreement, generally may be charged only once per late payment, and unpaid late fees cannot be the basis for eviction. | 5% (or $50 if greater) | 7 calendar days | |
| CTConnecticut | Lesser of $5/day (max $50) or 5% of late rentOnly one late charge may be assessed per late payment. If a government or charity pays part of the rent, the 5% is based on the tenant's share. | 5% (or $5/day, max $50, if less) | 9 days | |
| DEDelaware | 5% of monthly rentA late charge is treated as additional rent. | 5% | 5 days | |
| DCDistrict of Columbia | 5% of the rent dueThe lease must state the maximum late fee. Only one fee per late payment, no interest on fees, and no eviction for unpaid late fees. | 5% | 5 days | |
| FLFlorida | No statewide capThe Florida Residential Landlord and Tenant Act sets no late fee amount; unless otherwise agreed, rent is payable without demand or notice. | No statutory cap | None required by statute | |
| GAGeorgia | No statewide capGeorgia's landlord tenant statutes set no late fee amount. The state handbook lists late charges and any grace period as lease terms. | No statutory cap | None required by statute | |
| HIHawaii | 8% of the rent dueApplies where the rental agreement provides for a late charge. | 8% | None required by statute | |
| IDIdaho | Must be reasonable; no fixed capFees, including late rent fees, must be reasonable and cannot be greater than the amount agreed upon in the lease. | No statutory cap | None required by statute | |
| ILIllinois | No statewide capHB 3564, effective January 1, 2027, adds rental fee rules but no statewide late fee formula or grace period. | No statutory cap | None required by statute | |
| INIndiana | No statewide capState law sets no late fee amount, and local governments are barred from regulating any fees charged by a landlord. | No statutory cap | None required by statute | |
| IAIowa | $60/month max (rent up to $700); $100/month max (over $700)Daily limits: $12 per day when rent is $700 or less and $20 per day when rent is over $700, up to the monthly maximum. | No percentage cap (dollar limits apply) | None required by statute | |
| KSKansas | No statewide capThe Kansas Residential Landlord and Tenant Act sets no late fee amount; rent terms are as agreed in the rental agreement. | No statutory cap | None required by statute | |
| KYKentucky | No statewide capThe Kentucky URLTA applies only where a city or county adopted it, and it sets no late fee limit. | No statutory cap | None required by statute | |
| LALouisiana | No statewide capUnder the Civil Code, a court may modify agreed (stipulated) damages only if they are manifestly unreasonable. | No statutory cap | None required by statute | |
| MEMaine | 4% of one month's rentThe landlord must give written notice of the possible penalty when the rental agreement is made. | 4% | 15 days | |
| MDMaryland | 5% of the rent dueFor weekly rent, no more than $3 per week or $12 per month in total. | 5% | None required by statute | |
| MAMassachusetts | No fixed cap; no penalty until 30 days lateThe statute bars any interest or penalty before day 30 but does not set an amount. | No statutory cap | 30 days | |
| MIMichigan | No statewide capThe Truth in Renting Act lists banned lease clauses, and none of them sets a late fee limit. | No statutory cap | None required by statute | |
| MNMinnesota | 8% of the overdue rentMust be agreed in writing, stating when the fee applies. Federal subsidy rules can override. | 8% | None required by statute | |
| MSMississippi | No statewide capLate fees required by the rental agreement are part of rent; no limit is set. | No statutory cap | None required by statute | |
| MOMissouri | No statewide capNo state statute found that sets a dollar or percent limit; the lease sets the fee. | No statutory cap | None required by statute | |
| MTMontana | No statewide capLate fees are payable as agreed in the rental agreement; no limit is set. | No statutory cap | None required by statute | |
| NENebraska | No statewide capNo state statute found that sets a dollar or percent limit; the rental agreement sets rent terms. | No statutory cap | None required by statute | |
| NVNevada | 5% of the periodic rentMust be reasonable and in the rental agreement; the cap may not grow from earlier late fees. | 5% | 3 calendar days | |
| NHNew Hampshire | No statewide capNo state statute found that sets a dollar or percent limit; only lawful charges in the lease can be collected under RSA 540:9. | No statutory cap | None required by statute | |
| NJNew Jersey | No statewide capThe state guide sets no amount limit. Late fees count as rent in an eviction case only if the written lease says so. | No statutory cap | 5 business days (seniors and benefit recipients only) | |
| NMNew Mexico | 5% of rent per rental periodBased on rent only, not deposits, fees or utilities. Notice due by end of the next rental period. | 5% | None required by statute | |
| NYNew York | Lesser of $50 or 5% of monthly rent | 5% (or $50 if less) | 5 days | |
| NCNorth Carolina | Greater of $15 or 5% of monthly rentWeekly rent: greater of $4 or 5%. Only one late fee per late payment. | 5% (or $15 if greater) | 5 calendar days | |
| NDNorth Dakota | No statewide capN.D.C.C. chapter 47-16 sets no late fee amount. SB 2236 (2025), which would have added late fee rules, failed in the Senate. | No statutory cap | None required by statute | |
| OHOhio | No statewide capR.C. Chapter 5321 contains no late fee limit; rent terms are set in the rental agreement within the chapter's limits. | No statutory cap | None required by statute | |
| OKOklahoma | No fixed cap; must not be a penaltyIn Sun Ridge Investors v. Parker (1998), a $20 late fee plus $5 per day on $465 monthly rent was held an excessive, unenforceable penalty. | Not listed | Not listed | |
| OROregon | Reasonable flat fee, daily fee, or 5% per 5 daysA daily fee may not exceed 6% of a reasonable flat fee. The 5% option is charged once per five-day period late, through that rental period only. | 5% per 5 days late (one option) | 4 days | |
| RIRhode Island | No statewide capFees beyond rent must be disclosed in the lease in the same section as the rent; a tenant may recover fees that were not disclosed as required. | No statutory cap | None required by statute | |
| SCSouth Carolina | No statewide capThe Act defines rent to include late charges but sets no limit. | No statutory cap | None required by statute | |
| SDSouth Dakota | No statewide capSDCL Chapter 43-32 contains no late fee limit. | No statutory cap | None required by statute | |
| TNTennessee | 10% of past due rentApplies where the URLTA applies: counties with a population over 75,000 (2010 federal census). | 10% | 5 days | |
| TXTexas | Reasonable; 12% or 10% safe harborConsidered reasonable if not more than 12% of rent (structure with 4 or fewer units) or 10% (more than 4 units). A higher fee is reasonable only if not more than the landlord's uncertain damages. | No fixed cap (12% or 10% safe harbor) | 2 full days | |
| UTUtah | Greater of 10% of rent or $75Other fees must be in the rental agreement, except on a month to month agreement with 15 days' notice of the charge. | 10% (or $75 if greater) | None required by statute | |
| VTVermont | No statewide cap9 V.S.A. Chapter 137 contains no late fee limit. | No statutory cap | None required by statute | |
| VAVirginia | Lesser of 10% of rent or 10% of balance dueAllowed only if provided for in the written rental agreement. | 10% | None required by statute | |
| WAWashington | No statewide capFor manufactured or mobile home lots, agreements entered or renewed on or after May 7, 2025 cap late fees at 2%, then 3%, then 5% of rent per month (RCW 59.20.060). | No statutory cap | 5 days | |
| WVWest Virginia | No statewide capArticle 37-6 has no late fee section. | Not listed | Not listed | |
| WIWisconsin | No statewide capA late fee must be specifically provided in the rental agreement, and no fee may be charged for not paying a late fee. | No statutory cap | None required by statute | |
| WYWyoming | No statewide capW.S. 1-21-1201 to 1-21-1211 contain no late fee limit. | No statutory cap | None required by statute |
Pennsylvania is not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
In many states, a landlord can charge a late fee only if the lease provides for it. Putting the amount, the due date, and any grace period in the lease in plain numbers helps both sides avoid disputes.
When a state counts a grace period, the details matter: whether weekends and holidays count, and whether the clock starts on the due date or the day after. Read the statute text linked on each state page rather than relying on a rounded summary.
Late fees are separate from unpaid rent. Keeping rent receipts and a record of the date each payment arrived makes it easier to check whether a fee was charged correctly and to resolve disagreements before they reach court.
Rent Late Fee Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
Is there a federal limit on rent late fees?
There is no general federal cap on late fees for private residential leases. Limits come from state statutes, local ordinances, and, for some subsidized or federally backed housing, program rules.
What does a rent grace period mean?
A grace period is the number of days after rent is due during which a late fee cannot be charged. Rent is still due on the due date. The grace period only delays when a late fee may be added.
What if my state has no statutory late fee cap?
Where no specific cap exists, courts may still refuse to enforce a fee that is unreasonable or works as a penalty rather than a fair estimate of the landlord's costs. The fee usually also has to appear in the lease.
Can a city set its own late fee rules?
In some places, yes. Certain cities and counties regulate late fees through local rent or housing ordinances. This guide covers statewide law only, so check local rules as well.
Which states have the highest and lowest cap (% of rent)?
Among the 12 jurisdictions with a single statewide figure, cap (% of rent) ranges from 4% (Maine) to 10% (Tennessee and Virginia). The most common figure is 5% (7 jurisdictions). Check each state's page for exceptions.
Which states have the highest and lowest grace period?
Among the 13 jurisdictions with a single statewide figure, grace period ranges from 2 days (Texas) to 30 days (Massachusetts). The most common figure is 5 days (6 jurisdictions). Check each state's page for exceptions.