Daily Late Fee on Rent: Is It Legal? (State-by-State)

Some leases add a flat late fee and then a further charge for every extra day rent is late, sometimes with no upper limit. A few days can add up to a large share of the rent. Many states limit late fees or require them to be reasonable, and some set a grace period, so compare your lease with your state's rule in the table below.

What it looks like in a lease

“A late fee of $75 is due on the 2nd, plus $10 per day until rent is paid in full.”
“Rent not received by the 1st incurs a daily late charge of $25.”
“Late charges accrue daily and are considered additional rent.”

Why it's a red flag

Daily charges without a cap can grow far beyond the landlord's real cost of a late payment.
Calling late fees “additional rent” can let unpaid fees be treated like unpaid rent.
Some state rules set a maximum or a grace period that a daily fee may go past.

What to ask your landlord

Can the late fee be one flat amount, or have a maximum for the month?
Is there a grace period before any late fee starts?
Can the clause say late fees are not treated as rent?

State-by-state rules

The table shows each state's general late-fee rule. Some cities add their own limits. Check the cited statute. Each row links to the statute. Data as of 2026-10-22.

Alabama
Late fee rule
No statutory cap, grace period or limit on residential late fees found in the Alabama URLTA (35-9A); the only reference is 35-9A-421(b), which lets a nonpayment termination notice list 'late fees owed'. A late fee must come from the lease. Other Code titles were not searched.
Source: Ala. Code 35-9A-421(b) (no late-fee limit found in 35-9A)
Alaska
Late fee rule
No provision on residential late fees found in AS 34.03 (the Act's sections were read in full). Any late fee must come from the lease. A rental agreement cannot waive the tenant's rights under the Act (§ 34.03.040(a)(1)). Other chapters of the code were not searched.
Source: AS 34.03 (no provision found)
Arizona
Late fee rule
No statutory cap found; the statute refers to a 'reasonable late fee set forth in a written rental agreement'.
Source: A.R.S. § 33-1368(B)
Arkansas
Late fee rule
No late-fee provision found in the Arkansas landlord-tenant sections read (18-16-301 to -306 and the 18-17 sections listed in the notes). Any late fee must come from the lease; no statutory cap or fee grace period found. Other titles of the Arkansas Code were not searched.
Source: Ark. Code 18-16-301 to 18-16-306, 18-17 (no provision found)
California
Late fee rule
No fixed cap, but late-fee clauses in residential leases are presumptively void unless the landlord shows actual damages from late payment were impracticable to fix and the fee is a reasonable estimate of them (Orozco v. Casimiro). Large flat or daily fees are vulnerable.
Source: Cal. Civ. Code § 1671
Colorado
Late fee rule
Only if disclosed in the lease, rent is at least 7 calendar days late, and the landlord gives written notice of the fee within 180 days of the due date; capped at the greater of $50 or 5% of the past-due rent (several fees for one late payment only if the total stays within that cap); no interest on late fees; no eviction or termination for unpaid late fees; no late fee on the part of rent a subsidy provider pays. Non-complying lease terms are void.
Source: C.R.S. § 38-12-105
Connecticut
Late fee rule
A late charge is allowed only if the written rental agreement provides for it, and only after the grace period: 9 days after the due date (4 days for a one-week tenancy). Since January 1, 2026, the grace period is 5 days longer if the landlord's online rent payment system prevents the tenant from paying on time. The charge may not exceed the lesser of $5 per day up to $50, or 5% of the delinquent rent (5% of the tenant's share if a government or charity pays part of the rent), and only one late charge may be assessed per late payment. A lease clause that charges earlier or more is unenforceable.
Source: Conn. Gen. Stat. 47a-15a(a), (b); 47a-4(a)(8), (9), (b)
Delaware
Late fee rule
Capped at 5% of the monthly rent, and no late charge may be imposed until rent is more than 5 days late. If the landlord keeps no office or permanent place in the county where rent can be paid, the due date is extended by 3 days.
Source: Del. Code tit. 25, § 5501(d)
District of Columbia
Late fee rule
Capped at 5% of the rent due, and only if the written lease states the maximum late fee. It can be charged only after rent is more than 5 days late (or a longer grace period in the lease), only once per late payment, with no interest on it. A landlord may not evict for an unpaid late fee or deduct it from the next rent payment.
Source: D.C. Code § 42-3505.31
Florida
Late fee rule
No statutory cap; must be in the lease and not an unreasonable penalty.
Georgia
Late fee rule
Not verified yet
Hawaii
Late fee rule
If the rental agreement provides for a late charge for rent not paid when due, the late charge may not exceed 8 percent of the amount of rent due (HRS 521-21(f)). The statute does not require a grace period or prior written notice of the fee.
Source: HRS 521-21(f)
Idaho
Late fee rule
Fees charged to a residential tenant, including fees for late payment of rent, must be reasonable (55-305(1)). An owner may not charge a fee, fine, assessment, interest or other cost above the amount agreed in the rental agreement, or one not in the rental agreement unless the agreement is oral, or the written agreement is changed by 30 days' written notice (55-305(2)). Applies to agreements entered into or renewed on or after July 1, 2023 (55-305(3)). No fixed dollar or percentage cap and no statutory grace period found.
Source: Idaho Code 55-305
Illinois
Late fee rule
No statewide Illinois statute found that caps residential late fees or sets a rent grace period: neither the Landlord and Tenant Act (765 ILCS 705) nor the Security Deposit Return Act (765 ILCS 710) has a late-fee provision, and the 2025 fee-transparency law (HB 3564, adding 765 ILCS 705/35) does not cap late fees. Any late fee comes from the lease. Local rules can differ: Chicago's Residential Landlord and Tenant Ordinance sets its own late-fee limit. Other Illinois statutes were not searched.
Source: 765 ILCS 705 and 765 ILCS 710 (no late-fee provision found); HB 3564 (765 ILCS 705/35)
Indiana
Late fee rule
No provision on residential late fees found in IC 32-31 (the whole article was searched). Any late fee must come from the lease. Cities and towns may not regulate landlord fees by ordinance (IC 32-31-1-20(c)(7)). Other titles of the Indiana Code were not searched.
Source: IC 32-31 (no provision found); IC 32-31-1-20
Iowa
Late fee rule
Rent up to $700/month: late fee capped at $12 per day and $60 per month. Rent over $700/month: capped at $20 per day and $100 per month.
Source: Iowa Code § 562A.9(4)
Kansas
Late fee rule
No statewide rule found: the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573) has no provision capping late fees or requiring a grace period, so any late fee comes from the lease (58-2545(a)). Rent is payable at the time and place agreed, by default at the beginning of each month (58-2545(c)), and the landlord may end the lease if rent is unpaid 3 days after written notice (58-2564(b)). A court may refuse to enforce an unconscionable lease term (58-2544(a)). Other Kansas statutes were not searched.
Source: K.S.A. 58-2545(a),(c); 58-2544(a); 58-2547(a); 58-2564(b); 58-2566 (searched 58-2540 to 58-2573; no late-fee provision)
Kentucky
Late fee rule
No provision capping residential late fees or requiring a grace period was found in KRS chapter 383 (including the Uniform Residential Landlord and Tenant Act, KRS 383.505 to 383.715), so any late fee depends on the lease. The URLTA applies only where a city, county or urban-county government has adopted it (KRS 383.500); where it applies, rent is due without demand at the beginning of each month unless the lease says otherwise (KRS 383.565(2)). Other Kentucky statutes were not searched.
Source: KRS 383.565(2); KRS 383.500 (KRS 383 searched; no late-fee provision)
Louisiana
Late fee rule
No statewide cap, grace period or notice rule for residential late fees was found in Louisiana's lease law (Civil Code arts. 2668-2729, R.S. 9:3251-3261), so a late fee comes from the lease and is treated as stipulated damages under the Civil Code: the landlord need not prove actual loss (art. 2009), the fee applies only once the tenant is in default (art. 2010), and a court may modify it only if it is so manifestly unreasonable as to be contrary to public policy (art. 2012). The 5% / $25 limit in R.S. 9:3314 applies to leases of movable property such as vehicles, not homes. Other statutes were not searched.
Source: La. Civ. Code arts. 2005, 2009, 2010, 2012; no residential late-fee provision in La. Civ. Code arts. 2668-2729 or La. R.S. 9:3251-3261
Maine
Late fee rule
Rent is late only if not paid within 15 days of the due date, and the late fee may not exceed 4% of one month's rent. No late fee may be charged unless the tenant was told in writing, when the rental agreement was made, that a fee of up to 4% may be charged.
Source: 14 M.R.S. § 6028
Maryland
Late fee rule
Lease may not set a late fee above 5% of the unpaid rent (for weekly rent: max $3 per week and $12 per month).
Source: Md. Code, Real Prop. § 8-208(d)(3)
Massachusetts
Late fee rule
A lease may not impose any interest or penalty for failure to pay rent until 30 days after the rent was due.
Source: M.G.L. c. 186, § 15B(1)(c)
Michigan
Late fee rule
No Michigan statute found that caps or limits residential late fees or sets a grace period. Check the lease. Since September 21, 2026, a lease that allows more than one way to pay rent must include at least one method with no added charge or fee, and may not charge an extra fee on all allowed payment methods (554.633(1)(o), added by 2026 PA 103).
Source: MCL 554.633(1)(o)
Minnesota
Late fee rule
Only if agreed in writing, and the agreement must say when the fee is imposed; capped at 8% of the overdue rent payment. Federally subsidized tenancies may follow a conflicting federal fee schedule; for assisted tenancies the fee is calculated only on the tenant's portion of rent.
Source: Minn. Stat. § 504B.177
Mississippi
Late fee rule
No provision found in the Residential Landlord and Tenant Act that caps, limits or requires a grace period for late fees. The Act defines 'rent' to include any late fees required to be paid under the rental agreement by a defaulting tenant (89-8-7(1)(k)), so a late fee is a matter of the lease. Other titles of the Mississippi Code were not searched.
Source: 89-8-7(1)(k); no provision found
Missouri
Late fee rule
No statewide cap, grace period or other rule on residential rent late fees was found in Missouri's landlord-tenant statutes (RSMo chapters 441 and 535, all sections read), so any late fee depends on the lease. Rent not paid at the time agreed by the parties is what triggers the landlord's action for possession (RSMo 535.010). Other Missouri statutes were not searched.
Source: RSMo chs. 441 and 535 (no late-fee provision found); RSMo 535.010; RSMo 441.043(1)
Montana
Late fee rule
Not verified yet
Source: MCA chs. 70-24 and 70-25 (no late-fee cap or grace period found; § 70-25-201(1) lets a landlord deduct 'late charges' and 'penalties due under lease provisions' from the deposit, and § 70-24-201(4) bars an additional fee based on rent payment type except to recoup an electronic bank fee for electronic payment; other titles were not searched)
Nebraska
Late fee rule
No provision on residential late fees found in 76-1401 to 76-1444 of the Uniform Residential Landlord and Tenant Act. Any late fee must come from the lease. Other chapters of Nebraska law were not searched.
Source: 76-1401 to 76-1449 (no provision found)
Nevada
Late fee rule
Must be reasonable, set out in the rental agreement, and no more than 5% of the periodic rent; the maximum cannot be increased based on a prior late fee.
Source: NRS 118A.210(4)
New Hampshire
Late fee rule
No provision on residential late fees found in the sections read (RSA 540-A:3-8, 540:2, 540:3). Not every RSA title was searched; any late fee therefore comes from the lease. (NH does regulate a different fee: an application/renewal fee must be disclosed in writing beforehand and, if the unit is not rented to that applicant, anything beyond actual documented screening cost and reasonable administrative cost must be returned within 30 days - RSA 540-A:3, VIII, eff. 2025-01-01.)
Source: RSA 540-A:3, VIII (application fees only); no late-fee provision found
New Jersey
Late fee rule
No statewide cap on late fees for ordinary tenants was found in the statutes. Tenants who are senior citizens receiving Social Security Old Age, Railroad Retirement or other government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, get a grace period of five business days (excluding weekends and State or federal holidays) when rent is due on the 1st, and no late charge may be made that includes the grace period (2A:42-6.1, 6.3). A landlord who violates this is a disorderly person (2A:42-6.2). In a nonpayment eviction, if the tenant pays all rent due within 3 business days after the warrant for removal is posted, no late fee above the amount in the warrant application may be charged (2A:42-10.16a).
Source: N.J.S.A. 2A:42-6.1, 2A:42-6.2, 2A:42-6.3, 2A:42-10.16a
New Mexico
Late fee rule
If the lease provides for a late fee, it may not exceed 5% of the rent for each rental period in default (reduced from 10% by Laws 2025, ch. 122, effective June 20, 2025). It is calculated on rent only, not deposits, fees or utilities, and the owner must give notice of the fee by the last day of the next rental period.
Source: NMSA 47-8-15(D)
New York
Late fee rule
Late fee only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Application fees capped at $20 (background/credit check cost).
Source: N.Y. Real Prop. Law § 238-a
North Carolina
Late fee rule
Only when rent is 5 or more calendar days late; one fee per late payment, capped at the greater of $15 or 5% of the monthly rent (weekly rent: greater of $4 or 5%).
Source: N.C.G.S. § 42-46
North Dakota
Late fee rule
Chapter 47-16 sets no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease. A landlord may not charge a tenant a fee to accept cash, a check or a money order for rent or any other payment required under a lease (§ 47-16-20.1).
Source: N.D.C.C. ch. 47-16 (no late-fee provision found); § 47-16-20.1
Ohio
Late fee rule
No statutory cap; must be reasonable.
Oklahoma
Late fee rule
No provision on residential late fees found in 41 O.S. §§ 101-136 or elsewhere in Title 41 (the whole title text was searched for 'late fee' / 'late charge'). Any late fee must come from the lease. Not searched: other titles of the Oklahoma Statutes.
Source: 41 O.S. §§ 101-136 (no provision found)
Oregon
Late fee rule
Only if rent is not received by the 4th day of the rental period and the written lease states the fee, its type and amount, and when it is due; the fee may not exceed a reasonable flat amount (customary in the market) once per period, or a per-day amount from day 5 capped at 6% of that flat amount, or 5% of the rent per 5-day period from day 5. Unpaid late fees alone are not grounds for a nonpayment eviction.
Source: ORS 90.260
Pennsylvania
Late fee rule
No provision on residential rent late fees (no cap, no required grace period, no required notice) was found in Pennsylvania's Landlord and Tenant Act of 1951 (68 P.S. 250.101 et seq., all articles read), so any late fee depends on the lease. Local ordinances (e.g. Philadelphia, Pittsburgh) and other Pennsylvania statutes were not searched.
Source: Landlord and Tenant Act of 1951, Act of Apr. 6, 1951, P.L. 69, No. 20 (68 P.S. 250.101 et seq.), full text searched; no late-fee section found
Rhode Island
Late fee rule
No provision capping late fees or requiring a grace period found in Chapter 34-18. Fees beyond rent must be disclosed in the lease in the same section as the rent disclosure, with an indication that additional fees may apply; if there is no written lease the landlord must list all such fees in writing, and a change in fees must be disclosed in writing at least 30 days before it takes effect. A tenant may recover any fees paid that were not disclosed as required (34-18-15(a)(1), (2), (5)). A landlord may not send the written nonpayment demand until rent is 15 days in arrears (34-18-35(a)). A landlord may not charge a convenience fee on a tenant's rent payment unless it accepts a form of payment that carries no convenience fee (34-18-61). A landlord may not require a rental application fee, except an actual-cost charge for an official state criminal background check or credit report under the limits of 34-18-59.
Source: R.I. Gen. Laws 34-18-15(a), 34-18-35(a), 34-18-59, 34-18-61
South Carolina
Late fee rule
No late-fee cap in the Residential Landlord and Tenant Act; late charges count as 'rent' under the Act's definition, so they must be agreed in the rental agreement.
Source: S.C. Code Ann. § 27-40-210(11)
South Dakota
Late fee rule
Chapter 43-32 contains no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease.
Source: SDCL ch. 43-32 (no provision found)
Tennessee
Late fee rule
No late fee until after a 5-day grace period (day rent is due counts as day 1; extended to next business day if day 5 is a Sunday or holiday); fee capped at 10% of the rent past due.
Source: Tenn. Code Ann. § 66-28-201(d)
Texas
Late fee rule
Late fee only if rent remains unpaid 2 full days after the due date, must be in a written lease and reasonable. Safe harbor: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units).
Source: Tex. Prop. Code § 92.019
Utah
Late fee rule
A late fee may not exceed the greater of 10% of the agreed rent or $75. Fees not in the rental agreement can't be charged unless the tenancy is month-to-month and the landlord gives 15 days' notice of the charge.
Source: Utah Code § 57-22-4(5)
Vermont
Late fee rule
No provision on residential late fees found in 9 V.S.A. chapter 137. Rent is payable without demand or notice at the time and place agreed (§ 4455(a)), so any late fee must come from the lease. Separately, a landlord may not charge an application fee to apply for a residential rental (§ 4456a(a)).
Source: 9 V.S.A. ch. 137 (no late-fee provision found); § 4455(a); § 4456a(a)
Virginia
Late fee rule
Only if provided for in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due.
Source: Va. Code § 55.1-1204(E)
Washington
Late fee rule
No late fee for rent paid within 5 days after the due date; after that, late fees may run from the day after the due date. A lease clause agreeing to earlier late fees is prohibited.
Source: RCW 59.18.170(2), 59.18.230(2)(i)
West Virginia
Late fee rule
No statewide cap or grace period found in Articles 6 and 6A. The security-deposit statute refers to "reasonable charges for late payment of rent specified in the rental agreement", so a late charge must be in the lease and reasonable.
Source: W. Va. Code § 37-6A-2(b)(1)
Wisconsin
Late fee rule
A landlord may charge a late rent fee or penalty only if the rental agreement specifically provides for it. Before charging a late fee the landlord must apply any rent prepayments received from that tenant against the rent owed, and may not charge a fee or penalty for non-payment of a late fee. The rules cited set no dollar or percentage cap and no grace period.
Source: Wis. Admin. Code ATCP 134.09(8)
Wyoming
Late fee rule
Not verified yet
Source: W.S. 1-21-1201 to 1-21-1211 (no late-fee provision found; other titles of the code were not searched)

State	Late fee rule	Source
Alabama	No statutory cap, grace period or limit on residential late fees found in the Alabama URLTA (35-9A); the only reference is 35-9A-421(b), which lets a nonpayment termination notice list 'late fees owed'. A late fee must come from the lease. Other Code titles were not searched.	Ala. Code 35-9A-421(b) (no late-fee limit found in 35-9A)
Alaska	No provision on residential late fees found in AS 34.03 (the Act's sections were read in full). Any late fee must come from the lease. A rental agreement cannot waive the tenant's rights under the Act (§ 34.03.040(a)(1)). Other chapters of the code were not searched.	AS 34.03 (no provision found)
Arizona	No statutory cap found; the statute refers to a 'reasonable late fee set forth in a written rental agreement'.	A.R.S. § 33-1368(B)
Arkansas	No late-fee provision found in the Arkansas landlord-tenant sections read (18-16-301 to -306 and the 18-17 sections listed in the notes). Any late fee must come from the lease; no statutory cap or fee grace period found. Other titles of the Arkansas Code were not searched.	Ark. Code 18-16-301 to 18-16-306, 18-17 (no provision found)
California	No fixed cap, but late-fee clauses in residential leases are presumptively void unless the landlord shows actual damages from late payment were impracticable to fix and the fee is a reasonable estimate of them (Orozco v. Casimiro). Large flat or daily fees are vulnerable.	Cal. Civ. Code § 1671
Colorado	Only if disclosed in the lease, rent is at least 7 calendar days late, and the landlord gives written notice of the fee within 180 days of the due date; capped at the greater of $50 or 5% of the past-due rent (several fees for one late payment only if the total stays within that cap); no interest on late fees; no eviction or termination for unpaid late fees; no late fee on the part of rent a subsidy provider pays. Non-complying lease terms are void.	C.R.S. § 38-12-105
Connecticut	A late charge is allowed only if the written rental agreement provides for it, and only after the grace period: 9 days after the due date (4 days for a one-week tenancy). Since January 1, 2026, the grace period is 5 days longer if the landlord's online rent payment system prevents the tenant from paying on time. The charge may not exceed the lesser of $5 per day up to $50, or 5% of the delinquent rent (5% of the tenant's share if a government or charity pays part of the rent), and only one late charge may be assessed per late payment. A lease clause that charges earlier or more is unenforceable.	Conn. Gen. Stat. 47a-15a(a), (b); 47a-4(a)(8), (9), (b)
Delaware	Capped at 5% of the monthly rent, and no late charge may be imposed until rent is more than 5 days late. If the landlord keeps no office or permanent place in the county where rent can be paid, the due date is extended by 3 days.	Del. Code tit. 25, § 5501(d)
District of Columbia	Capped at 5% of the rent due, and only if the written lease states the maximum late fee. It can be charged only after rent is more than 5 days late (or a longer grace period in the lease), only once per late payment, with no interest on it. A landlord may not evict for an unpaid late fee or deduct it from the next rent payment.	D.C. Code § 42-3505.31
Florida	No statutory cap; must be in the lease and not an unreasonable penalty.	—
Georgia	Not verified yet	—
Hawaii	If the rental agreement provides for a late charge for rent not paid when due, the late charge may not exceed 8 percent of the amount of rent due (HRS 521-21(f)). The statute does not require a grace period or prior written notice of the fee.	HRS 521-21(f)
Idaho	Fees charged to a residential tenant, including fees for late payment of rent, must be reasonable (55-305(1)). An owner may not charge a fee, fine, assessment, interest or other cost above the amount agreed in the rental agreement, or one not in the rental agreement unless the agreement is oral, or the written agreement is changed by 30 days' written notice (55-305(2)). Applies to agreements entered into or renewed on or after July 1, 2023 (55-305(3)). No fixed dollar or percentage cap and no statutory grace period found.	Idaho Code 55-305
Illinois	No statewide Illinois statute found that caps residential late fees or sets a rent grace period: neither the Landlord and Tenant Act (765 ILCS 705) nor the Security Deposit Return Act (765 ILCS 710) has a late-fee provision, and the 2025 fee-transparency law (HB 3564, adding 765 ILCS 705/35) does not cap late fees. Any late fee comes from the lease. Local rules can differ: Chicago's Residential Landlord and Tenant Ordinance sets its own late-fee limit. Other Illinois statutes were not searched.	765 ILCS 705 and 765 ILCS 710 (no late-fee provision found); HB 3564 (765 ILCS 705/35)
Indiana	No provision on residential late fees found in IC 32-31 (the whole article was searched). Any late fee must come from the lease. Cities and towns may not regulate landlord fees by ordinance (IC 32-31-1-20(c)(7)). Other titles of the Indiana Code were not searched.	IC 32-31 (no provision found); IC 32-31-1-20
Iowa	Rent up to $700/month: late fee capped at $12 per day and $60 per month. Rent over $700/month: capped at $20 per day and $100 per month.	Iowa Code § 562A.9(4)
Kansas	No statewide rule found: the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573) has no provision capping late fees or requiring a grace period, so any late fee comes from the lease (58-2545(a)). Rent is payable at the time and place agreed, by default at the beginning of each month (58-2545(c)), and the landlord may end the lease if rent is unpaid 3 days after written notice (58-2564(b)). A court may refuse to enforce an unconscionable lease term (58-2544(a)). Other Kansas statutes were not searched.	K.S.A. 58-2545(a),(c); 58-2544(a); 58-2547(a); 58-2564(b); 58-2566 (searched 58-2540 to 58-2573; no late-fee provision)
Kentucky	No provision capping residential late fees or requiring a grace period was found in KRS chapter 383 (including the Uniform Residential Landlord and Tenant Act, KRS 383.505 to 383.715), so any late fee depends on the lease. The URLTA applies only where a city, county or urban-county government has adopted it (KRS 383.500); where it applies, rent is due without demand at the beginning of each month unless the lease says otherwise (KRS 383.565(2)). Other Kentucky statutes were not searched.	KRS 383.565(2); KRS 383.500 (KRS 383 searched; no late-fee provision)
Louisiana	No statewide cap, grace period or notice rule for residential late fees was found in Louisiana's lease law (Civil Code arts. 2668-2729, R.S. 9:3251-3261), so a late fee comes from the lease and is treated as stipulated damages under the Civil Code: the landlord need not prove actual loss (art. 2009), the fee applies only once the tenant is in default (art. 2010), and a court may modify it only if it is so manifestly unreasonable as to be contrary to public policy (art. 2012). The 5% / $25 limit in R.S. 9:3314 applies to leases of movable property such as vehicles, not homes. Other statutes were not searched.	La. Civ. Code arts. 2005, 2009, 2010, 2012; no residential late-fee provision in La. Civ. Code arts. 2668-2729 or La. R.S. 9:3251-3261
Maine	Rent is late only if not paid within 15 days of the due date, and the late fee may not exceed 4% of one month's rent. No late fee may be charged unless the tenant was told in writing, when the rental agreement was made, that a fee of up to 4% may be charged.	14 M.R.S. § 6028
Maryland	Lease may not set a late fee above 5% of the unpaid rent (for weekly rent: max $3 per week and $12 per month).	Md. Code, Real Prop. § 8-208(d)(3)
Massachusetts	A lease may not impose any interest or penalty for failure to pay rent until 30 days after the rent was due.	M.G.L. c. 186, § 15B(1)(c)
Michigan	No Michigan statute found that caps or limits residential late fees or sets a grace period. Check the lease. Since September 21, 2026, a lease that allows more than one way to pay rent must include at least one method with no added charge or fee, and may not charge an extra fee on all allowed payment methods (554.633(1)(o), added by 2026 PA 103).	MCL 554.633(1)(o)
Minnesota	Only if agreed in writing, and the agreement must say when the fee is imposed; capped at 8% of the overdue rent payment. Federally subsidized tenancies may follow a conflicting federal fee schedule; for assisted tenancies the fee is calculated only on the tenant's portion of rent.	Minn. Stat. § 504B.177
Mississippi	No provision found in the Residential Landlord and Tenant Act that caps, limits or requires a grace period for late fees. The Act defines 'rent' to include any late fees required to be paid under the rental agreement by a defaulting tenant (89-8-7(1)(k)), so a late fee is a matter of the lease. Other titles of the Mississippi Code were not searched.	89-8-7(1)(k); no provision found
Missouri	No statewide cap, grace period or other rule on residential rent late fees was found in Missouri's landlord-tenant statutes (RSMo chapters 441 and 535, all sections read), so any late fee depends on the lease. Rent not paid at the time agreed by the parties is what triggers the landlord's action for possession (RSMo 535.010). Other Missouri statutes were not searched.	RSMo chs. 441 and 535 (no late-fee provision found); RSMo 535.010; RSMo 441.043(1)
Montana	Not verified yet	MCA chs. 70-24 and 70-25 (no late-fee cap or grace period found; § 70-25-201(1) lets a landlord deduct 'late charges' and 'penalties due under lease provisions' from the deposit, and § 70-24-201(4) bars an additional fee based on rent payment type except to recoup an electronic bank fee for electronic payment; other titles were not searched)
Nebraska	No provision on residential late fees found in 76-1401 to 76-1444 of the Uniform Residential Landlord and Tenant Act. Any late fee must come from the lease. Other chapters of Nebraska law were not searched.	76-1401 to 76-1449 (no provision found)
Nevada	Must be reasonable, set out in the rental agreement, and no more than 5% of the periodic rent; the maximum cannot be increased based on a prior late fee.	NRS 118A.210(4)
New Hampshire	No provision on residential late fees found in the sections read (RSA 540-A:3-8, 540:2, 540:3). Not every RSA title was searched; any late fee therefore comes from the lease. (NH does regulate a different fee: an application/renewal fee must be disclosed in writing beforehand and, if the unit is not rented to that applicant, anything beyond actual documented screening cost and reasonable administrative cost must be returned within 30 days - RSA 540-A:3, VIII, eff. 2025-01-01.)	RSA 540-A:3, VIII (application fees only); no late-fee provision found
New Jersey	No statewide cap on late fees for ordinary tenants was found in the statutes. Tenants who are senior citizens receiving Social Security Old Age, Railroad Retirement or other government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, get a grace period of five business days (excluding weekends and State or federal holidays) when rent is due on the 1st, and no late charge may be made that includes the grace period (2A:42-6.1, 6.3). A landlord who violates this is a disorderly person (2A:42-6.2). In a nonpayment eviction, if the tenant pays all rent due within 3 business days after the warrant for removal is posted, no late fee above the amount in the warrant application may be charged (2A:42-10.16a).	N.J.S.A. 2A:42-6.1, 2A:42-6.2, 2A:42-6.3, 2A:42-10.16a
New Mexico	If the lease provides for a late fee, it may not exceed 5% of the rent for each rental period in default (reduced from 10% by Laws 2025, ch. 122, effective June 20, 2025). It is calculated on rent only, not deposits, fees or utilities, and the owner must give notice of the fee by the last day of the next rental period.	NMSA 47-8-15(D)
New York	Late fee only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Application fees capped at $20 (background/credit check cost).	N.Y. Real Prop. Law § 238-a
North Carolina	Only when rent is 5 or more calendar days late; one fee per late payment, capped at the greater of $15 or 5% of the monthly rent (weekly rent: greater of $4 or 5%).	N.C.G.S. § 42-46
North Dakota	Chapter 47-16 sets no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease. A landlord may not charge a tenant a fee to accept cash, a check or a money order for rent or any other payment required under a lease (§ 47-16-20.1).	N.D.C.C. ch. 47-16 (no late-fee provision found); § 47-16-20.1
Ohio	No statutory cap; must be reasonable.	—
Oklahoma	No provision on residential late fees found in 41 O.S. §§ 101-136 or elsewhere in Title 41 (the whole title text was searched for 'late fee' / 'late charge'). Any late fee must come from the lease. Not searched: other titles of the Oklahoma Statutes.	41 O.S. §§ 101-136 (no provision found)
Oregon	Only if rent is not received by the 4th day of the rental period and the written lease states the fee, its type and amount, and when it is due; the fee may not exceed a reasonable flat amount (customary in the market) once per period, or a per-day amount from day 5 capped at 6% of that flat amount, or 5% of the rent per 5-day period from day 5. Unpaid late fees alone are not grounds for a nonpayment eviction.	ORS 90.260
Pennsylvania	No provision on residential rent late fees (no cap, no required grace period, no required notice) was found in Pennsylvania's Landlord and Tenant Act of 1951 (68 P.S. 250.101 et seq., all articles read), so any late fee depends on the lease. Local ordinances (e.g. Philadelphia, Pittsburgh) and other Pennsylvania statutes were not searched.	Landlord and Tenant Act of 1951, Act of Apr. 6, 1951, P.L. 69, No. 20 (68 P.S. 250.101 et seq.), full text searched; no late-fee section found
Rhode Island	No provision capping late fees or requiring a grace period found in Chapter 34-18. Fees beyond rent must be disclosed in the lease in the same section as the rent disclosure, with an indication that additional fees may apply; if there is no written lease the landlord must list all such fees in writing, and a change in fees must be disclosed in writing at least 30 days before it takes effect. A tenant may recover any fees paid that were not disclosed as required (34-18-15(a)(1), (2), (5)). A landlord may not send the written nonpayment demand until rent is 15 days in arrears (34-18-35(a)). A landlord may not charge a convenience fee on a tenant's rent payment unless it accepts a form of payment that carries no convenience fee (34-18-61). A landlord may not require a rental application fee, except an actual-cost charge for an official state criminal background check or credit report under the limits of 34-18-59.	R.I. Gen. Laws 34-18-15(a), 34-18-35(a), 34-18-59, 34-18-61
South Carolina	No late-fee cap in the Residential Landlord and Tenant Act; late charges count as 'rent' under the Act's definition, so they must be agreed in the rental agreement.	S.C. Code Ann. § 27-40-210(11)
South Dakota	Chapter 43-32 contains no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease.	SDCL ch. 43-32 (no provision found)
Tennessee	No late fee until after a 5-day grace period (day rent is due counts as day 1; extended to next business day if day 5 is a Sunday or holiday); fee capped at 10% of the rent past due.	Tenn. Code Ann. § 66-28-201(d)
Texas	Late fee only if rent remains unpaid 2 full days after the due date, must be in a written lease and reasonable. Safe harbor: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units).	Tex. Prop. Code § 92.019
Utah	A late fee may not exceed the greater of 10% of the agreed rent or $75. Fees not in the rental agreement can't be charged unless the tenancy is month-to-month and the landlord gives 15 days' notice of the charge.	Utah Code § 57-22-4(5)
Vermont	No provision on residential late fees found in 9 V.S.A. chapter 137. Rent is payable without demand or notice at the time and place agreed (§ 4455(a)), so any late fee must come from the lease. Separately, a landlord may not charge an application fee to apply for a residential rental (§ 4456a(a)).	9 V.S.A. ch. 137 (no late-fee provision found); § 4455(a); § 4456a(a)
Virginia	Only if provided for in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due.	Va. Code § 55.1-1204(E)
Washington	No late fee for rent paid within 5 days after the due date; after that, late fees may run from the day after the due date. A lease clause agreeing to earlier late fees is prohibited.	RCW 59.18.170(2), 59.18.230(2)(i)
West Virginia	No statewide cap or grace period found in Articles 6 and 6A. The security-deposit statute refers to "reasonable charges for late payment of rent specified in the rental agreement", so a late charge must be in the lease and reasonable.	W. Va. Code § 37-6A-2(b)(1)
Wisconsin	A landlord may charge a late rent fee or penalty only if the rental agreement specifically provides for it. Before charging a late fee the landlord must apply any rent prepayments received from that tenant against the rent owed, and may not charge a fee or penalty for non-payment of a late fee. The rules cited set no dollar or percentage cap and no grace period.	Wis. Admin. Code ATCP 134.09(8)
Wyoming	Not verified yet	W.S. 1-21-1201 to 1-21-1211 (no late-fee provision found; other titles of the code were not searched)

Cities and counties can add stricter rules (e.g. Chicago, New York City). Full rules for each state: state tenant laws.

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Daily Late Fee on Rent: Is It Legal? (State-by-State)

What it looks like in a lease

“A late fee of $75 is due on the 2nd, plus $10 per day until rent is paid in full.”
“Rent not received by the 1st incurs a daily late charge of $25.”
“Late charges accrue daily and are considered additional rent.”

Why it's a red flag

Daily charges without a cap can grow far beyond the landlord's real cost of a late payment.
Calling late fees “additional rent” can let unpaid fees be treated like unpaid rent.
Some state rules set a maximum or a grace period that a daily fee may go past.

What to ask your landlord

Can the late fee be one flat amount, or have a maximum for the month?
Is there a grace period before any late fee starts?
Can the clause say late fees are not treated as rent?

State-by-state rules

The table shows each state's general late-fee rule. Some cities add their own limits. Check the cited statute. Each row links to the statute. Data as of 2026-10-22.

Alabama
Late fee rule
No statutory cap, grace period or limit on residential late fees found in the Alabama URLTA (35-9A); the only reference is 35-9A-421(b), which lets a nonpayment termination notice list 'late fees owed'. A late fee must come from the lease. Other Code titles were not searched.
Source: Ala. Code 35-9A-421(b) (no late-fee limit found in 35-9A)
Alaska
Late fee rule
No provision on residential late fees found in AS 34.03 (the Act's sections were read in full). Any late fee must come from the lease. A rental agreement cannot waive the tenant's rights under the Act (§ 34.03.040(a)(1)). Other chapters of the code were not searched.
Source: AS 34.03 (no provision found)
Arizona
Late fee rule
No statutory cap found; the statute refers to a 'reasonable late fee set forth in a written rental agreement'.
Source: A.R.S. § 33-1368(B)
Arkansas
Late fee rule
No late-fee provision found in the Arkansas landlord-tenant sections read (18-16-301 to -306 and the 18-17 sections listed in the notes). Any late fee must come from the lease; no statutory cap or fee grace period found. Other titles of the Arkansas Code were not searched.
Source: Ark. Code 18-16-301 to 18-16-306, 18-17 (no provision found)
California
Late fee rule
No fixed cap, but late-fee clauses in residential leases are presumptively void unless the landlord shows actual damages from late payment were impracticable to fix and the fee is a reasonable estimate of them (Orozco v. Casimiro). Large flat or daily fees are vulnerable.
Source: Cal. Civ. Code § 1671
Colorado
Late fee rule
Only if disclosed in the lease, rent is at least 7 calendar days late, and the landlord gives written notice of the fee within 180 days of the due date; capped at the greater of $50 or 5% of the past-due rent (several fees for one late payment only if the total stays within that cap); no interest on late fees; no eviction or termination for unpaid late fees; no late fee on the part of rent a subsidy provider pays. Non-complying lease terms are void.
Source: C.R.S. § 38-12-105
Connecticut
Late fee rule
A late charge is allowed only if the written rental agreement provides for it, and only after the grace period: 9 days after the due date (4 days for a one-week tenancy). Since January 1, 2026, the grace period is 5 days longer if the landlord's online rent payment system prevents the tenant from paying on time. The charge may not exceed the lesser of $5 per day up to $50, or 5% of the delinquent rent (5% of the tenant's share if a government or charity pays part of the rent), and only one late charge may be assessed per late payment. A lease clause that charges earlier or more is unenforceable.
Source: Conn. Gen. Stat. 47a-15a(a), (b); 47a-4(a)(8), (9), (b)
Delaware
Late fee rule
Capped at 5% of the monthly rent, and no late charge may be imposed until rent is more than 5 days late. If the landlord keeps no office or permanent place in the county where rent can be paid, the due date is extended by 3 days.
Source: Del. Code tit. 25, § 5501(d)
District of Columbia
Late fee rule
Capped at 5% of the rent due, and only if the written lease states the maximum late fee. It can be charged only after rent is more than 5 days late (or a longer grace period in the lease), only once per late payment, with no interest on it. A landlord may not evict for an unpaid late fee or deduct it from the next rent payment.
Source: D.C. Code § 42-3505.31
Florida
Late fee rule
No statutory cap; must be in the lease and not an unreasonable penalty.
Georgia
Late fee rule
Not verified yet
Hawaii
Late fee rule
If the rental agreement provides for a late charge for rent not paid when due, the late charge may not exceed 8 percent of the amount of rent due (HRS 521-21(f)). The statute does not require a grace period or prior written notice of the fee.
Source: HRS 521-21(f)
Idaho
Late fee rule
Fees charged to a residential tenant, including fees for late payment of rent, must be reasonable (55-305(1)). An owner may not charge a fee, fine, assessment, interest or other cost above the amount agreed in the rental agreement, or one not in the rental agreement unless the agreement is oral, or the written agreement is changed by 30 days' written notice (55-305(2)). Applies to agreements entered into or renewed on or after July 1, 2023 (55-305(3)). No fixed dollar or percentage cap and no statutory grace period found.
Source: Idaho Code 55-305
Illinois
Late fee rule
No statewide Illinois statute found that caps residential late fees or sets a rent grace period: neither the Landlord and Tenant Act (765 ILCS 705) nor the Security Deposit Return Act (765 ILCS 710) has a late-fee provision, and the 2025 fee-transparency law (HB 3564, adding 765 ILCS 705/35) does not cap late fees. Any late fee comes from the lease. Local rules can differ: Chicago's Residential Landlord and Tenant Ordinance sets its own late-fee limit. Other Illinois statutes were not searched.
Source: 765 ILCS 705 and 765 ILCS 710 (no late-fee provision found); HB 3564 (765 ILCS 705/35)
Indiana
Late fee rule
No provision on residential late fees found in IC 32-31 (the whole article was searched). Any late fee must come from the lease. Cities and towns may not regulate landlord fees by ordinance (IC 32-31-1-20(c)(7)). Other titles of the Indiana Code were not searched.
Source: IC 32-31 (no provision found); IC 32-31-1-20
Iowa
Late fee rule
Rent up to $700/month: late fee capped at $12 per day and $60 per month. Rent over $700/month: capped at $20 per day and $100 per month.
Source: Iowa Code § 562A.9(4)
Kansas
Late fee rule
No statewide rule found: the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573) has no provision capping late fees or requiring a grace period, so any late fee comes from the lease (58-2545(a)). Rent is payable at the time and place agreed, by default at the beginning of each month (58-2545(c)), and the landlord may end the lease if rent is unpaid 3 days after written notice (58-2564(b)). A court may refuse to enforce an unconscionable lease term (58-2544(a)). Other Kansas statutes were not searched.
Source: K.S.A. 58-2545(a),(c); 58-2544(a); 58-2547(a); 58-2564(b); 58-2566 (searched 58-2540 to 58-2573; no late-fee provision)
Kentucky
Late fee rule
No provision capping residential late fees or requiring a grace period was found in KRS chapter 383 (including the Uniform Residential Landlord and Tenant Act, KRS 383.505 to 383.715), so any late fee depends on the lease. The URLTA applies only where a city, county or urban-county government has adopted it (KRS 383.500); where it applies, rent is due without demand at the beginning of each month unless the lease says otherwise (KRS 383.565(2)). Other Kentucky statutes were not searched.
Source: KRS 383.565(2); KRS 383.500 (KRS 383 searched; no late-fee provision)
Louisiana
Late fee rule
No statewide cap, grace period or notice rule for residential late fees was found in Louisiana's lease law (Civil Code arts. 2668-2729, R.S. 9:3251-3261), so a late fee comes from the lease and is treated as stipulated damages under the Civil Code: the landlord need not prove actual loss (art. 2009), the fee applies only once the tenant is in default (art. 2010), and a court may modify it only if it is so manifestly unreasonable as to be contrary to public policy (art. 2012). The 5% / $25 limit in R.S. 9:3314 applies to leases of movable property such as vehicles, not homes. Other statutes were not searched.
Source: La. Civ. Code arts. 2005, 2009, 2010, 2012; no residential late-fee provision in La. Civ. Code arts. 2668-2729 or La. R.S. 9:3251-3261
Maine
Late fee rule
Rent is late only if not paid within 15 days of the due date, and the late fee may not exceed 4% of one month's rent. No late fee may be charged unless the tenant was told in writing, when the rental agreement was made, that a fee of up to 4% may be charged.
Source: 14 M.R.S. § 6028
Maryland
Late fee rule
Lease may not set a late fee above 5% of the unpaid rent (for weekly rent: max $3 per week and $12 per month).
Source: Md. Code, Real Prop. § 8-208(d)(3)
Massachusetts
Late fee rule
A lease may not impose any interest or penalty for failure to pay rent until 30 days after the rent was due.
Source: M.G.L. c. 186, § 15B(1)(c)
Michigan
Late fee rule
No Michigan statute found that caps or limits residential late fees or sets a grace period. Check the lease. Since September 21, 2026, a lease that allows more than one way to pay rent must include at least one method with no added charge or fee, and may not charge an extra fee on all allowed payment methods (554.633(1)(o), added by 2026 PA 103).
Source: MCL 554.633(1)(o)
Minnesota
Late fee rule
Only if agreed in writing, and the agreement must say when the fee is imposed; capped at 8% of the overdue rent payment. Federally subsidized tenancies may follow a conflicting federal fee schedule; for assisted tenancies the fee is calculated only on the tenant's portion of rent.
Source: Minn. Stat. § 504B.177
Mississippi
Late fee rule
No provision found in the Residential Landlord and Tenant Act that caps, limits or requires a grace period for late fees. The Act defines 'rent' to include any late fees required to be paid under the rental agreement by a defaulting tenant (89-8-7(1)(k)), so a late fee is a matter of the lease. Other titles of the Mississippi Code were not searched.
Source: 89-8-7(1)(k); no provision found
Missouri
Late fee rule
No statewide cap, grace period or other rule on residential rent late fees was found in Missouri's landlord-tenant statutes (RSMo chapters 441 and 535, all sections read), so any late fee depends on the lease. Rent not paid at the time agreed by the parties is what triggers the landlord's action for possession (RSMo 535.010). Other Missouri statutes were not searched.
Source: RSMo chs. 441 and 535 (no late-fee provision found); RSMo 535.010; RSMo 441.043(1)
Montana
Late fee rule
Not verified yet
Source: MCA chs. 70-24 and 70-25 (no late-fee cap or grace period found; § 70-25-201(1) lets a landlord deduct 'late charges' and 'penalties due under lease provisions' from the deposit, and § 70-24-201(4) bars an additional fee based on rent payment type except to recoup an electronic bank fee for electronic payment; other titles were not searched)
Nebraska
Late fee rule
No provision on residential late fees found in 76-1401 to 76-1444 of the Uniform Residential Landlord and Tenant Act. Any late fee must come from the lease. Other chapters of Nebraska law were not searched.
Source: 76-1401 to 76-1449 (no provision found)
Nevada
Late fee rule
Must be reasonable, set out in the rental agreement, and no more than 5% of the periodic rent; the maximum cannot be increased based on a prior late fee.
Source: NRS 118A.210(4)
New Hampshire
Late fee rule
No provision on residential late fees found in the sections read (RSA 540-A:3-8, 540:2, 540:3). Not every RSA title was searched; any late fee therefore comes from the lease. (NH does regulate a different fee: an application/renewal fee must be disclosed in writing beforehand and, if the unit is not rented to that applicant, anything beyond actual documented screening cost and reasonable administrative cost must be returned within 30 days - RSA 540-A:3, VIII, eff. 2025-01-01.)
Source: RSA 540-A:3, VIII (application fees only); no late-fee provision found
New Jersey
Late fee rule
No statewide cap on late fees for ordinary tenants was found in the statutes. Tenants who are senior citizens receiving Social Security Old Age, Railroad Retirement or other government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, get a grace period of five business days (excluding weekends and State or federal holidays) when rent is due on the 1st, and no late charge may be made that includes the grace period (2A:42-6.1, 6.3). A landlord who violates this is a disorderly person (2A:42-6.2). In a nonpayment eviction, if the tenant pays all rent due within 3 business days after the warrant for removal is posted, no late fee above the amount in the warrant application may be charged (2A:42-10.16a).
Source: N.J.S.A. 2A:42-6.1, 2A:42-6.2, 2A:42-6.3, 2A:42-10.16a
New Mexico
Late fee rule
If the lease provides for a late fee, it may not exceed 5% of the rent for each rental period in default (reduced from 10% by Laws 2025, ch. 122, effective June 20, 2025). It is calculated on rent only, not deposits, fees or utilities, and the owner must give notice of the fee by the last day of the next rental period.
Source: NMSA 47-8-15(D)
New York
Late fee rule
Late fee only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Application fees capped at $20 (background/credit check cost).
Source: N.Y. Real Prop. Law § 238-a
North Carolina
Late fee rule
Only when rent is 5 or more calendar days late; one fee per late payment, capped at the greater of $15 or 5% of the monthly rent (weekly rent: greater of $4 or 5%).
Source: N.C.G.S. § 42-46
North Dakota
Late fee rule
Chapter 47-16 sets no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease. A landlord may not charge a tenant a fee to accept cash, a check or a money order for rent or any other payment required under a lease (§ 47-16-20.1).
Source: N.D.C.C. ch. 47-16 (no late-fee provision found); § 47-16-20.1
Ohio
Late fee rule
No statutory cap; must be reasonable.
Oklahoma
Late fee rule
No provision on residential late fees found in 41 O.S. §§ 101-136 or elsewhere in Title 41 (the whole title text was searched for 'late fee' / 'late charge'). Any late fee must come from the lease. Not searched: other titles of the Oklahoma Statutes.
Source: 41 O.S. §§ 101-136 (no provision found)
Oregon
Late fee rule
Only if rent is not received by the 4th day of the rental period and the written lease states the fee, its type and amount, and when it is due; the fee may not exceed a reasonable flat amount (customary in the market) once per period, or a per-day amount from day 5 capped at 6% of that flat amount, or 5% of the rent per 5-day period from day 5. Unpaid late fees alone are not grounds for a nonpayment eviction.
Source: ORS 90.260
Pennsylvania
Late fee rule
No provision on residential rent late fees (no cap, no required grace period, no required notice) was found in Pennsylvania's Landlord and Tenant Act of 1951 (68 P.S. 250.101 et seq., all articles read), so any late fee depends on the lease. Local ordinances (e.g. Philadelphia, Pittsburgh) and other Pennsylvania statutes were not searched.
Source: Landlord and Tenant Act of 1951, Act of Apr. 6, 1951, P.L. 69, No. 20 (68 P.S. 250.101 et seq.), full text searched; no late-fee section found
Rhode Island
Late fee rule
No provision capping late fees or requiring a grace period found in Chapter 34-18. Fees beyond rent must be disclosed in the lease in the same section as the rent disclosure, with an indication that additional fees may apply; if there is no written lease the landlord must list all such fees in writing, and a change in fees must be disclosed in writing at least 30 days before it takes effect. A tenant may recover any fees paid that were not disclosed as required (34-18-15(a)(1), (2), (5)). A landlord may not send the written nonpayment demand until rent is 15 days in arrears (34-18-35(a)). A landlord may not charge a convenience fee on a tenant's rent payment unless it accepts a form of payment that carries no convenience fee (34-18-61). A landlord may not require a rental application fee, except an actual-cost charge for an official state criminal background check or credit report under the limits of 34-18-59.
Source: R.I. Gen. Laws 34-18-15(a), 34-18-35(a), 34-18-59, 34-18-61
South Carolina
Late fee rule
No late-fee cap in the Residential Landlord and Tenant Act; late charges count as 'rent' under the Act's definition, so they must be agreed in the rental agreement.
Source: S.C. Code Ann. § 27-40-210(11)
South Dakota
Late fee rule
Chapter 43-32 contains no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease.
Source: SDCL ch. 43-32 (no provision found)
Tennessee
Late fee rule
No late fee until after a 5-day grace period (day rent is due counts as day 1; extended to next business day if day 5 is a Sunday or holiday); fee capped at 10% of the rent past due.
Source: Tenn. Code Ann. § 66-28-201(d)
Texas
Late fee rule
Late fee only if rent remains unpaid 2 full days after the due date, must be in a written lease and reasonable. Safe harbor: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units).
Source: Tex. Prop. Code § 92.019
Utah
Late fee rule
A late fee may not exceed the greater of 10% of the agreed rent or $75. Fees not in the rental agreement can't be charged unless the tenancy is month-to-month and the landlord gives 15 days' notice of the charge.
Source: Utah Code § 57-22-4(5)
Vermont
Late fee rule
No provision on residential late fees found in 9 V.S.A. chapter 137. Rent is payable without demand or notice at the time and place agreed (§ 4455(a)), so any late fee must come from the lease. Separately, a landlord may not charge an application fee to apply for a residential rental (§ 4456a(a)).
Source: 9 V.S.A. ch. 137 (no late-fee provision found); § 4455(a); § 4456a(a)
Virginia
Late fee rule
Only if provided for in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due.
Source: Va. Code § 55.1-1204(E)
Washington
Late fee rule
No late fee for rent paid within 5 days after the due date; after that, late fees may run from the day after the due date. A lease clause agreeing to earlier late fees is prohibited.
Source: RCW 59.18.170(2), 59.18.230(2)(i)
West Virginia
Late fee rule
No statewide cap or grace period found in Articles 6 and 6A. The security-deposit statute refers to "reasonable charges for late payment of rent specified in the rental agreement", so a late charge must be in the lease and reasonable.
Source: W. Va. Code § 37-6A-2(b)(1)
Wisconsin
Late fee rule
A landlord may charge a late rent fee or penalty only if the rental agreement specifically provides for it. Before charging a late fee the landlord must apply any rent prepayments received from that tenant against the rent owed, and may not charge a fee or penalty for non-payment of a late fee. The rules cited set no dollar or percentage cap and no grace period.
Source: Wis. Admin. Code ATCP 134.09(8)
Wyoming
Late fee rule
Not verified yet
Source: W.S. 1-21-1201 to 1-21-1211 (no late-fee provision found; other titles of the code were not searched)

State	Late fee rule	Source
Alabama	No statutory cap, grace period or limit on residential late fees found in the Alabama URLTA (35-9A); the only reference is 35-9A-421(b), which lets a nonpayment termination notice list 'late fees owed'. A late fee must come from the lease. Other Code titles were not searched.	Ala. Code 35-9A-421(b) (no late-fee limit found in 35-9A)
Alaska	No provision on residential late fees found in AS 34.03 (the Act's sections were read in full). Any late fee must come from the lease. A rental agreement cannot waive the tenant's rights under the Act (§ 34.03.040(a)(1)). Other chapters of the code were not searched.	AS 34.03 (no provision found)
Arizona	No statutory cap found; the statute refers to a 'reasonable late fee set forth in a written rental agreement'.	A.R.S. § 33-1368(B)
Arkansas	No late-fee provision found in the Arkansas landlord-tenant sections read (18-16-301 to -306 and the 18-17 sections listed in the notes). Any late fee must come from the lease; no statutory cap or fee grace period found. Other titles of the Arkansas Code were not searched.	Ark. Code 18-16-301 to 18-16-306, 18-17 (no provision found)
California	No fixed cap, but late-fee clauses in residential leases are presumptively void unless the landlord shows actual damages from late payment were impracticable to fix and the fee is a reasonable estimate of them (Orozco v. Casimiro). Large flat or daily fees are vulnerable.	Cal. Civ. Code § 1671
Colorado	Only if disclosed in the lease, rent is at least 7 calendar days late, and the landlord gives written notice of the fee within 180 days of the due date; capped at the greater of $50 or 5% of the past-due rent (several fees for one late payment only if the total stays within that cap); no interest on late fees; no eviction or termination for unpaid late fees; no late fee on the part of rent a subsidy provider pays. Non-complying lease terms are void.	C.R.S. § 38-12-105
Connecticut	A late charge is allowed only if the written rental agreement provides for it, and only after the grace period: 9 days after the due date (4 days for a one-week tenancy). Since January 1, 2026, the grace period is 5 days longer if the landlord's online rent payment system prevents the tenant from paying on time. The charge may not exceed the lesser of $5 per day up to $50, or 5% of the delinquent rent (5% of the tenant's share if a government or charity pays part of the rent), and only one late charge may be assessed per late payment. A lease clause that charges earlier or more is unenforceable.	Conn. Gen. Stat. 47a-15a(a), (b); 47a-4(a)(8), (9), (b)
Delaware	Capped at 5% of the monthly rent, and no late charge may be imposed until rent is more than 5 days late. If the landlord keeps no office or permanent place in the county where rent can be paid, the due date is extended by 3 days.	Del. Code tit. 25, § 5501(d)
District of Columbia	Capped at 5% of the rent due, and only if the written lease states the maximum late fee. It can be charged only after rent is more than 5 days late (or a longer grace period in the lease), only once per late payment, with no interest on it. A landlord may not evict for an unpaid late fee or deduct it from the next rent payment.	D.C. Code § 42-3505.31
Florida	No statutory cap; must be in the lease and not an unreasonable penalty.	—
Georgia	Not verified yet	—
Hawaii	If the rental agreement provides for a late charge for rent not paid when due, the late charge may not exceed 8 percent of the amount of rent due (HRS 521-21(f)). The statute does not require a grace period or prior written notice of the fee.	HRS 521-21(f)
Idaho	Fees charged to a residential tenant, including fees for late payment of rent, must be reasonable (55-305(1)). An owner may not charge a fee, fine, assessment, interest or other cost above the amount agreed in the rental agreement, or one not in the rental agreement unless the agreement is oral, or the written agreement is changed by 30 days' written notice (55-305(2)). Applies to agreements entered into or renewed on or after July 1, 2023 (55-305(3)). No fixed dollar or percentage cap and no statutory grace period found.	Idaho Code 55-305
Illinois	No statewide Illinois statute found that caps residential late fees or sets a rent grace period: neither the Landlord and Tenant Act (765 ILCS 705) nor the Security Deposit Return Act (765 ILCS 710) has a late-fee provision, and the 2025 fee-transparency law (HB 3564, adding 765 ILCS 705/35) does not cap late fees. Any late fee comes from the lease. Local rules can differ: Chicago's Residential Landlord and Tenant Ordinance sets its own late-fee limit. Other Illinois statutes were not searched.	765 ILCS 705 and 765 ILCS 710 (no late-fee provision found); HB 3564 (765 ILCS 705/35)
Indiana	No provision on residential late fees found in IC 32-31 (the whole article was searched). Any late fee must come from the lease. Cities and towns may not regulate landlord fees by ordinance (IC 32-31-1-20(c)(7)). Other titles of the Indiana Code were not searched.	IC 32-31 (no provision found); IC 32-31-1-20
Iowa	Rent up to $700/month: late fee capped at $12 per day and $60 per month. Rent over $700/month: capped at $20 per day and $100 per month.	Iowa Code § 562A.9(4)
Kansas	No statewide rule found: the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 to 58-2573) has no provision capping late fees or requiring a grace period, so any late fee comes from the lease (58-2545(a)). Rent is payable at the time and place agreed, by default at the beginning of each month (58-2545(c)), and the landlord may end the lease if rent is unpaid 3 days after written notice (58-2564(b)). A court may refuse to enforce an unconscionable lease term (58-2544(a)). Other Kansas statutes were not searched.	K.S.A. 58-2545(a),(c); 58-2544(a); 58-2547(a); 58-2564(b); 58-2566 (searched 58-2540 to 58-2573; no late-fee provision)
Kentucky	No provision capping residential late fees or requiring a grace period was found in KRS chapter 383 (including the Uniform Residential Landlord and Tenant Act, KRS 383.505 to 383.715), so any late fee depends on the lease. The URLTA applies only where a city, county or urban-county government has adopted it (KRS 383.500); where it applies, rent is due without demand at the beginning of each month unless the lease says otherwise (KRS 383.565(2)). Other Kentucky statutes were not searched.	KRS 383.565(2); KRS 383.500 (KRS 383 searched; no late-fee provision)
Louisiana	No statewide cap, grace period or notice rule for residential late fees was found in Louisiana's lease law (Civil Code arts. 2668-2729, R.S. 9:3251-3261), so a late fee comes from the lease and is treated as stipulated damages under the Civil Code: the landlord need not prove actual loss (art. 2009), the fee applies only once the tenant is in default (art. 2010), and a court may modify it only if it is so manifestly unreasonable as to be contrary to public policy (art. 2012). The 5% / $25 limit in R.S. 9:3314 applies to leases of movable property such as vehicles, not homes. Other statutes were not searched.	La. Civ. Code arts. 2005, 2009, 2010, 2012; no residential late-fee provision in La. Civ. Code arts. 2668-2729 or La. R.S. 9:3251-3261
Maine	Rent is late only if not paid within 15 days of the due date, and the late fee may not exceed 4% of one month's rent. No late fee may be charged unless the tenant was told in writing, when the rental agreement was made, that a fee of up to 4% may be charged.	14 M.R.S. § 6028
Maryland	Lease may not set a late fee above 5% of the unpaid rent (for weekly rent: max $3 per week and $12 per month).	Md. Code, Real Prop. § 8-208(d)(3)
Massachusetts	A lease may not impose any interest or penalty for failure to pay rent until 30 days after the rent was due.	M.G.L. c. 186, § 15B(1)(c)
Michigan	No Michigan statute found that caps or limits residential late fees or sets a grace period. Check the lease. Since September 21, 2026, a lease that allows more than one way to pay rent must include at least one method with no added charge or fee, and may not charge an extra fee on all allowed payment methods (554.633(1)(o), added by 2026 PA 103).	MCL 554.633(1)(o)
Minnesota	Only if agreed in writing, and the agreement must say when the fee is imposed; capped at 8% of the overdue rent payment. Federally subsidized tenancies may follow a conflicting federal fee schedule; for assisted tenancies the fee is calculated only on the tenant's portion of rent.	Minn. Stat. § 504B.177
Mississippi	No provision found in the Residential Landlord and Tenant Act that caps, limits or requires a grace period for late fees. The Act defines 'rent' to include any late fees required to be paid under the rental agreement by a defaulting tenant (89-8-7(1)(k)), so a late fee is a matter of the lease. Other titles of the Mississippi Code were not searched.	89-8-7(1)(k); no provision found
Missouri	No statewide cap, grace period or other rule on residential rent late fees was found in Missouri's landlord-tenant statutes (RSMo chapters 441 and 535, all sections read), so any late fee depends on the lease. Rent not paid at the time agreed by the parties is what triggers the landlord's action for possession (RSMo 535.010). Other Missouri statutes were not searched.	RSMo chs. 441 and 535 (no late-fee provision found); RSMo 535.010; RSMo 441.043(1)
Montana	Not verified yet	MCA chs. 70-24 and 70-25 (no late-fee cap or grace period found; § 70-25-201(1) lets a landlord deduct 'late charges' and 'penalties due under lease provisions' from the deposit, and § 70-24-201(4) bars an additional fee based on rent payment type except to recoup an electronic bank fee for electronic payment; other titles were not searched)
Nebraska	No provision on residential late fees found in 76-1401 to 76-1444 of the Uniform Residential Landlord and Tenant Act. Any late fee must come from the lease. Other chapters of Nebraska law were not searched.	76-1401 to 76-1449 (no provision found)
Nevada	Must be reasonable, set out in the rental agreement, and no more than 5% of the periodic rent; the maximum cannot be increased based on a prior late fee.	NRS 118A.210(4)
New Hampshire	No provision on residential late fees found in the sections read (RSA 540-A:3-8, 540:2, 540:3). Not every RSA title was searched; any late fee therefore comes from the lease. (NH does regulate a different fee: an application/renewal fee must be disclosed in writing beforehand and, if the unit is not rented to that applicant, anything beyond actual documented screening cost and reasonable administrative cost must be returned within 30 days - RSA 540-A:3, VIII, eff. 2025-01-01.)	RSA 540-A:3, VIII (application fees only); no late-fee provision found
New Jersey	No statewide cap on late fees for ordinary tenants was found in the statutes. Tenants who are senior citizens receiving Social Security Old Age, Railroad Retirement or other government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, get a grace period of five business days (excluding weekends and State or federal holidays) when rent is due on the 1st, and no late charge may be made that includes the grace period (2A:42-6.1, 6.3). A landlord who violates this is a disorderly person (2A:42-6.2). In a nonpayment eviction, if the tenant pays all rent due within 3 business days after the warrant for removal is posted, no late fee above the amount in the warrant application may be charged (2A:42-10.16a).	N.J.S.A. 2A:42-6.1, 2A:42-6.2, 2A:42-6.3, 2A:42-10.16a
New Mexico	If the lease provides for a late fee, it may not exceed 5% of the rent for each rental period in default (reduced from 10% by Laws 2025, ch. 122, effective June 20, 2025). It is calculated on rent only, not deposits, fees or utilities, and the owner must give notice of the fee by the last day of the next rental period.	NMSA 47-8-15(D)
New York	Late fee only after rent is 5 days late, capped at the lesser of $50 or 5% of monthly rent. Application fees capped at $20 (background/credit check cost).	N.Y. Real Prop. Law § 238-a
North Carolina	Only when rent is 5 or more calendar days late; one fee per late payment, capped at the greater of $15 or 5% of the monthly rent (weekly rent: greater of $4 or 5%).	N.C.G.S. § 42-46
North Dakota	Chapter 47-16 sets no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease. A landlord may not charge a tenant a fee to accept cash, a check or a money order for rent or any other payment required under a lease (§ 47-16-20.1).	N.D.C.C. ch. 47-16 (no late-fee provision found); § 47-16-20.1
Ohio	No statutory cap; must be reasonable.	—
Oklahoma	No provision on residential late fees found in 41 O.S. §§ 101-136 or elsewhere in Title 41 (the whole title text was searched for 'late fee' / 'late charge'). Any late fee must come from the lease. Not searched: other titles of the Oklahoma Statutes.	41 O.S. §§ 101-136 (no provision found)
Oregon	Only if rent is not received by the 4th day of the rental period and the written lease states the fee, its type and amount, and when it is due; the fee may not exceed a reasonable flat amount (customary in the market) once per period, or a per-day amount from day 5 capped at 6% of that flat amount, or 5% of the rent per 5-day period from day 5. Unpaid late fees alone are not grounds for a nonpayment eviction.	ORS 90.260
Pennsylvania	No provision on residential rent late fees (no cap, no required grace period, no required notice) was found in Pennsylvania's Landlord and Tenant Act of 1951 (68 P.S. 250.101 et seq., all articles read), so any late fee depends on the lease. Local ordinances (e.g. Philadelphia, Pittsburgh) and other Pennsylvania statutes were not searched.	Landlord and Tenant Act of 1951, Act of Apr. 6, 1951, P.L. 69, No. 20 (68 P.S. 250.101 et seq.), full text searched; no late-fee section found
Rhode Island	No provision capping late fees or requiring a grace period found in Chapter 34-18. Fees beyond rent must be disclosed in the lease in the same section as the rent disclosure, with an indication that additional fees may apply; if there is no written lease the landlord must list all such fees in writing, and a change in fees must be disclosed in writing at least 30 days before it takes effect. A tenant may recover any fees paid that were not disclosed as required (34-18-15(a)(1), (2), (5)). A landlord may not send the written nonpayment demand until rent is 15 days in arrears (34-18-35(a)). A landlord may not charge a convenience fee on a tenant's rent payment unless it accepts a form of payment that carries no convenience fee (34-18-61). A landlord may not require a rental application fee, except an actual-cost charge for an official state criminal background check or credit report under the limits of 34-18-59.	R.I. Gen. Laws 34-18-15(a), 34-18-35(a), 34-18-59, 34-18-61
South Carolina	No late-fee cap in the Residential Landlord and Tenant Act; late charges count as 'rent' under the Act's definition, so they must be agreed in the rental agreement.	S.C. Code Ann. § 27-40-210(11)
South Dakota	Chapter 43-32 contains no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease.	SDCL ch. 43-32 (no provision found)
Tennessee	No late fee until after a 5-day grace period (day rent is due counts as day 1; extended to next business day if day 5 is a Sunday or holiday); fee capped at 10% of the rent past due.	Tenn. Code Ann. § 66-28-201(d)
Texas	Late fee only if rent remains unpaid 2 full days after the due date, must be in a written lease and reasonable. Safe harbor: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units).	Tex. Prop. Code § 92.019
Utah	A late fee may not exceed the greater of 10% of the agreed rent or $75. Fees not in the rental agreement can't be charged unless the tenancy is month-to-month and the landlord gives 15 days' notice of the charge.	Utah Code § 57-22-4(5)
Vermont	No provision on residential late fees found in 9 V.S.A. chapter 137. Rent is payable without demand or notice at the time and place agreed (§ 4455(a)), so any late fee must come from the lease. Separately, a landlord may not charge an application fee to apply for a residential rental (§ 4456a(a)).	9 V.S.A. ch. 137 (no late-fee provision found); § 4455(a); § 4456a(a)
Virginia	Only if provided for in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due.	Va. Code § 55.1-1204(E)
Washington	No late fee for rent paid within 5 days after the due date; after that, late fees may run from the day after the due date. A lease clause agreeing to earlier late fees is prohibited.	RCW 59.18.170(2), 59.18.230(2)(i)
West Virginia	No statewide cap or grace period found in Articles 6 and 6A. The security-deposit statute refers to "reasonable charges for late payment of rent specified in the rental agreement", so a late charge must be in the lease and reasonable.	W. Va. Code § 37-6A-2(b)(1)
Wisconsin	A landlord may charge a late rent fee or penalty only if the rental agreement specifically provides for it. Before charging a late fee the landlord must apply any rent prepayments received from that tenant against the rent owed, and may not charge a fee or penalty for non-payment of a late fee. The rules cited set no dollar or percentage cap and no grace period.	Wis. Admin. Code ATCP 134.09(8)
Wyoming	Not verified yet	W.S. 1-21-1201 to 1-21-1211 (no late-fee provision found; other titles of the code were not searched)

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Daily Late Fee on Rent: Is It Legal? (State-by-State)

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Daily Late Fee on Rent: Is It Legal? (State-by-State)

What it looks like in a lease

Why it's a red flag

What to ask your landlord

State-by-state rules

Does your lease have this clause?

Other clauses to check