Lease Late Fee Clause: How Much Can a Landlord Charge? (State-by-State)
Late fees are legal in most of the US, but many states limit when a fee can start (a grace period) and how big it can be. Even where no fixed cap exists, courts often refuse to enforce fees that look like a penalty rather than a reasonable estimate of the landlord's cost.
What it looks like in a lease
- “A late fee of $100 plus $25 per day will be charged for rent received after the 1st.”
- “Late charges are considered additional rent and may be added to the outstanding balance.”
- “Any partial payment will be treated as late and subject to the full late fee.”
Why it's a red flag
- Daily fees that keep stacking can quickly exceed a full month's rent.
- Fees that start the day after rent is due may ignore a mandatory grace period in your state.
- Treating late fees as “rent” can let a landlord start an eviction over the fee itself.
What to ask your landlord
- Can the late fee be a single flat amount within the state limit, with no daily add-on?
- Is there a grace period, and does it match state law?
- Can late fees be excluded from the definition of “rent”?
Check your late fee against your state's cap
State-by-state rules
Each row links to the statute. Data as of 2026-10-18.
- 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)
- 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 and rent is at least 7 calendar days late; fee capped at the greater of $50 or 5% of the past-due rent; no more than one fee per late payment and no interest on it.
Source: C.R.S. § 38-12-105
- Florida
- Late fee rule
- No statutory cap; must be in the lease and not an unreasonable penalty.
- Georgia
- Late fee rule
- Not verified yet
- Illinois
- Late fee rule
- Not verified yet
- Kentucky
- Late fee rule
- Not verified yet
- Louisiana
- Late fee rule
- Not verified yet
- 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).
- 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
- Missouri
- Late fee rule
- Not verified yet
- 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 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
- Ohio
- Late fee rule
- No statutory cap; must be reasonable.
- Oregon
- Late fee rule
- Only if rent is unpaid by the 4th day of the rental period and the written lease sets the fee; must be a reasonable flat amount (customary in the market), or a per-day amount capped at 6% of the flat fee starting on day 5, or 5% of rent per 5-day period.
Source: ORS 90.260
- Pennsylvania
- Late fee rule
- Not verified yet
- 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)
- 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)
- 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.
Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.
Does your lease have this clause?
Paste or upload your lease — the free scan flags it against your state's rules.
Scan my lease freeOther clauses to check
General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.