How much can a landlord charge for a late fee?
Short answer: Some states cap late fees or require a grace period; others only require that the fee be reasonable and written into the lease.
A late fee generally must be in the lease to be charged. A fee far above the landlord's actual cost of late payment can be challenged as an unenforceable penalty in many states.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Late fees |
|---|---|
| Alabama | No statutory cap. The statute mentions late fees only as an item that can be listed in a nonpayment notice. Ala. Code § 35-9A-421(b) |
| Alaska | No statutory cap; the Act does not address late fees. A late fee is enforceable only if the rental agreement sets it in advance. Per the Department of Law, it should be a small flat fee that reasonably approximates the landlord's actual costs. A tenant cannot be evicted for unpaid late fees if rent is current. AS 34.03 (no provision) |
| Arizona | No statutory cap or grace period. The fee must be reasonable and set out in a written rental agreement. A.R.S. § 33-1368(B) |
| Arkansas | No statutory cap — no Arkansas statute limits residential late fees or requires a grace period. The Landlord-Tenant Act defines 'rent' to include late charges and lets the parties set rental terms not otherwise prohibited by law, so the lease governs. Ark. Code Ann. §§ 18-17-301(10), 18-17-401(a) |
| California | No statutory dollar cap or grace period. Late fees in residential leases are treated as liquidated damages, which are void unless it would be impracticable or extremely difficult to fix the landlord's actual damages and the amount is a reasonable estimate of them. Cal. Civ. Code § 1671(c)(2), (d) |
| Colorado | No late fee until rent is at least 7 calendar days late. The fee may not exceed the greater of $50 or 5% of the past-due rent, and it must be disclosed in the lease. The landlord may not evict for unpaid late fees, charge interest on late fees, or take late fees out of rent payments. Late-fee notice must be given within 180 days. C.R.S. § 38-12-105 |
| Connecticut | No late fee until the 9-day grace period expires (4 days for weekly). Late charge must be in a written agreement and may not exceed the lesser of (1) $5 per day up to $50, or (2) 5% of the delinquent payment (5% of the tenant's share if rent is partly paid by a government or charity). Only one late charge per delinquent payment. Conn. Gen. Stat. §§ 47a-15a(b), 47a-4(a)(8)-(9) |
| Delaware | Capped at 5% of the monthly rent, and cannot be charged until rent is more than 5 days late. If the landlord has no office in the county where rent can be paid, the due date is extended 3 days. 25 Del. C. § 5501(d) |
| District of Columbia | No more than 5% of the full rent due, only if the written lease states the maximum fee and rent is not paid within 5 days after the due date (or a longer lease grace period). Only one late fee per late payment; no interest on late fees; cannot be deducted from later rent; no eviction for unpaid late fees; no late fee on a subsidy provider's share. D.C. Code § 42-3505.31 |
| Florida | No statutory cap or grace period for residential late fees. Fla. Stat. Ch. 83 Part II |
| Georgia | No statutory cap or grace period identified. Georgia statutes treat late fees as charges a landlord may collect: they may be demanded in the 3-business-day pay-or-vacate notice and deducted from the security deposit. O.C.G.A. § 44-7-50(c) (as amended by HB 404, 2024); O.C.G.A. § 44-7-34(a) |
| Hawaii | Late charge may not exceed 8% of the rent due. No statutory grace period. HRS § 521-21(f) |
| Idaho | No numeric cap or grace period. All fees, including late fees, must be reasonable and may not exceed the amount stated in the rental agreement; a fee not in a written agreement can be added only with 30 days' written notice. Idaho Code § 55-305 |
| Illinois | No statutory cap statewide. AG: landlord may charge a reasonable fee for late rent. Landlords with 100+ units and an on-site office must accept rent there without penalty. Illinois AG fact sheet; 735 ILCS 5/9-218 |
| Indiana | No statutory cap or grace period. IC 32-31 (no late-fee provision); IC 32-31-1-20(c)(7) |
| Iowa | Rent of $700/month or less: late fee may not exceed $12 per day or $60 per month. Rent over $700/month: not more than $20 per day or $100 per month. Iowa Code § 562A.9(4) |
| Kansas | No statutory cap or grace period. K.S.A. 58-2540 et seq. (no late-fee provision) |
| Kentucky | No statutory cap or grace period. KRS Chapter 383 (no late-fee provision) |
| Louisiana | No statutory cap. A late fee can be charged only if the lease or an oral agreement provides for it. No statute; AG tenant guide |
| Maine | Cap of 4% of one month's rent. Rent is not 'late' until 15 days after it is due. Landlord must give written notice of the possible late fee at the start of the rental agreement or no fee may be charged. 14 M.R.S. § 6028 |
| Maryland | Capped at 5% of the amount of unpaid rent for the rental period. For weekly rent: no more than $3 per week, with a total of no more than $12 per month. No statutory grace period. Md. Code, Real Prop. § 8-208(d)(3) |
| Massachusetts | No interest or penalty for late rent may be charged until rent is 30 days overdue. There is no statutory dollar or percentage cap. G.L. c. 186, § 15B(1)(c) |
| Michigan | No statutory cap None (common law) |
| Minnesota | Allowed only if the landlord and tenant agreed in writing. The agreement must say when the fee will be charged. The fee may not exceed 8% of the overdue rent payment. There is no statutory grace period. Minn. Stat. § 504B.177 |
| Mississippi | No statutory cap or grace period. The Residential Landlord and Tenant Act does not regulate late fees. Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no late-fee provision) |
| Missouri | No statute — no cap or grace period; late fees are governed by the lease. RSMo Chs. 441, 534 and 535 (no section on late fees) |
| Montana | No statutory cap or grace period. Mont. Code Ann. § 70-24-103 (definition of "rent") |
| Nebraska | No statutory cap Neb. Rev. Stat. § 76-1414 |
| Nevada | No late fee until at least 3 calendar days after rent is due; late fee may not exceed 5% of the periodic rent. NRS 118A.210(4) |
| New Hampshire | No statutory cap or grace period found. RSA ch. 540 (no late-fee section) |
| New Jersey | No general statutory cap was found. Senior citizens receiving Social Security old-age, Railroad Retirement, or other government pensions, and recipients of SSDI, SSI, or Work First New Jersey benefits, get a 5-business-day grace period when rent is due on the 1st. No late charge may be imposed for that period. N.J.S.A. 2A:42-6.1 to -6.3 |
| New Mexico | Only if the rental agreement provides for one; max 5% of the rent for each rental period in default, calculated on rent only (not deposits, fees, or utilities). Owner must give notice of the late fee no later than the last day of the next rental period. NMSA 1978, § 47-8-15(D) |
| New York | Rent is not late until more than 5 days after the due date. Late fee capped at the lesser of $50 or 5% of monthly rent. N.Y. RPL § 238-a(2) |
| North Carolina | May be charged only if rent is 5 or more calendar days late. Monthly rent: max of $15 or 5% of monthly rent, whichever is greater. Weekly rent: max of $4 or 5% of weekly rent, whichever is greater. Only one late fee per late payment. N.C. Gen. Stat. § 42-46(a)-(b) |
| North Dakota | No statutory cap No statute |
| Ohio | No statutory cap No statute; Ohio Rev. Code § 5321.14 (unconscionable clauses) |
| Oklahoma | No statutory cap or grace period. No late-fee section in 41 O.S. §§ 101-136 (full text checked) |
| Oregon | Allowed only if a written rental agreement provides for it and rent is not received by the 4th day of the rental period (fees begin on day 5). Cap: either (a) a reasonable flat fee once per period (customary amount in the market), (b) a reasonable daily fee not exceeding 6% of that flat amount, or (c) 5% of the periodic rent for each succeeding 5-day period. ORS 90.260 |
| Pennsylvania | No statutory cap. None in statute |
| Rhode Island | No statutory cap or grace period. None in Chapter 34-18 |
| South Carolina | No statutory cap or grace period. None in Title 27, Ch. 40 |
| South Dakota | No statutory cap or grace period. None in SDCL Chapter 43-32 |
| Tennessee | URLTA counties: no late fee may be charged until after a 5-day grace period, counting the due date as day 1. If the last day falls on a Sunday or legal holiday, no fee may be charged if rent is paid the next business day. Late fees may not exceed 10% of the past-due rent. T.C.A. 66-28-201(d) |
| Texas | Allowed only if notice of the fee is in a written lease, the fee is reasonable, and rent remains unpaid two full days after the due date. Safe-harbor reasonable fee: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (buildings with more than 4 units), or more if it does not exceed the landlord's uncertain damages. Tex. Prop. Code Sec. 92.019 |
| Utah | Late fee may not exceed the greater of 10% of the rent agreed in the rental agreement or $75. Utah Code 57-22-4(5)(a) |
| Vermont | No statutory cap or grace period. 9 V.S.A. ch. 137 |
| Virginia | Only if provided in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due. Where there is no written lease, rent is late if not paid by the 5th of the month. Va. Code 55.1-1204(E), (C) |
| Washington | No statutory dollar or percentage cap for RCW 59.18 rentals. No late fee may be charged for rent paid within five days of the due date. RCW 59.18.170(2) |
| West Virginia | No statutory cap W. Va. Code ch. 37, art. 6 |
| Wisconsin | No statutory cap. A late fee may be charged only if the rental agreement specifically provides for it. Prepaid rent must be applied before a late fee is charged, and no fee may be charged for not paying a late fee. Wis. Admin. Code ATCP 134.09(8) |
| Wyoming | No statutory cap W.S. 1-21-1201 to 1-21-1211 (no late-fee provision) |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.