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Rent Late Fee Laws in Virginia

In Virginia a late fee must be in the written rental agreement and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due.

Last checked . General information, not legal advice.

Virginia at a glance

Late fee cap
Lesser of 10% of rent or 10% of balance due
Allowed only if provided for in the written rental agreement.
Cap (% of rent)
10%
Grace period
None required by statute
Without a written agreement, default terms treat rent as late if not paid by the fifth of the month.

Sources

Last checked

The rules in Virginia

How much can a landlord charge as a late fee in Virginia?

Late fee cap in Virginia: Lesser of 10% of rent or 10% of balance due. Allowed only if provided for in the written rental agreement.

What percentage of the rent is the late fee cap in Virginia?

Cap (% of rent) in Virginia: 10%.

How many days does a tenant have before a late fee can be charged in Virginia?

Grace period in Virginia: None required by statute. Without a written agreement, default terms treat rent as late if not paid by the fifth of the month.

Where do the Virginia rent late fee laws come from?

The rules above come from Va. Code 55.1-1204(E). Each source is linked on this page. We last checked them in October 2026.

Good to know

Va. Code 55.1-1204 has a version effective until July 1, 2027 and one effective July 1, 2027 (2026 amendments); both keep the same late fee limit in subsection E.

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.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.