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State laws / Late fee laws by state

Late fee laws by state

Rules differ by state. Here is what each state's statute says about rent late fees, with citations. Data as of 2026-10-21, 34 states verified against official statute text.

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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)

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

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.
Source
—

Georgia

Late fee rule
No late fee rule in our verified data — see state page
Source
—

Illinois

Late fee rule
No late fee rule in our verified data — see state page
Source
—

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 late fee rule in our verified data — see state page
Source
—

Kentucky

Late fee rule
No late fee rule in our verified data — see state page
Source
—

Louisiana

Late fee rule
No late fee rule in our verified data — see state page
Source
—

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)

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
No late fee rule in our verified data — see state page
Source
—

Montana

Late fee rule
No late fee rule in our verified data — see state page
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)

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

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.
Source
—

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 late fee rule in our verified data — see state page
Source
—

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)

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)

Wyoming

Late fee rule
No late fee rule in our verified data — see state page
Source
W.S. 1-21-1201 to 1-21-1211 (no late-fee provision found; other titles of the code were not searched)
StateLate fee ruleSource
AlaskaNo 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)
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, 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
DelawareCapped 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 ColumbiaCapped 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
FloridaNo statutory cap; must be in the lease and not an unreasonable penalty.—
GeorgiaNo late fee rule in our verified data — see state page—
IllinoisNo late fee rule in our verified data — see state page—
IowaRent 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)
KansasNo late fee rule in our verified data — see state page—
KentuckyNo late fee rule in our verified data — see state page—
LouisianaNo late fee rule in our verified data — see state page—
MaineRent 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
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
MissouriNo late fee rule in our verified data — see state page—
MontanaNo late fee rule in our verified data — see state pageMCA 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)
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
North DakotaChapter 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
OhioNo statutory cap; must be reasonable.—
OregonOnly 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
PennsylvaniaNo late fee rule in our verified data — see state page—
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)
South DakotaChapter 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)
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)
West VirginiaNo 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)
WyomingNo late fee rule in our verified data — see state pageW.S. 1-21-1201 to 1-21-1211 (no late-fee provision found; other titles of the code were not searched)

Not yet covered (coming soon): Alabama, Arkansas, Connecticut, Hawaii, Idaho, Indiana, Massachusetts, Michigan, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, Oklahoma, Rhode Island, Vermont, Wisconsin.

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