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Lease clauses / Late fees

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).

    Source: Md. Code, Real Prop. § 8-208(d)(3)

  • 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.

    Source: RCW 59.18.170(2), 59.18.230(2)(i)

StateLate fee ruleSource
ArizonaNo statutory cap found; the statute refers to a 'reasonable late fee set forth in a written rental agreement'.A.R.S. § 33-1368(B)
CaliforniaNo 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
ColoradoOnly 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.C.R.S. § 38-12-105
FloridaNo statutory cap; must be in the lease and not an unreasonable penalty.—
GeorgiaNot verified yet—
IllinoisNot verified yet—
KentuckyNot verified yet—
LouisianaNot verified yet—
MarylandLease 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)
MinnesotaOnly 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
MissouriNot verified yet—
NevadaMust 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 YorkLate 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 CarolinaOnly 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
OhioNo statutory cap; must be reasonable.—
OregonOnly 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.ORS 90.260
PennsylvaniaNot verified yet—
South CarolinaNo 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)
TennesseeNo 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)
TexasLate 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
UtahA 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)
VirginiaOnly 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)
WashingtonNo 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)

Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.

Does your lease have this clause?

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Other clauses to check

  • Non-refundable security deposits
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Rent increase clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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