Is my late fee legal?
Enter your state, rent and the late fee you were charged. We compare it with the state's cap and grace period and link the statute, so you can quote it to your landlord.
Late fee limits by state
| State | Rule | Source |
|---|---|---|
| Arizona | No fixed cap verified | A.R.S. § 33-1368(B) |
| California | No fixed cap verified | Cal. Civ. Code § 1671 |
| Colorado | Max greater of $50 or 5% of the past-due rent; not before 7 days late * | C.R.S. § 38-12-105 |
| Florida | No fixed cap verified | — |
| Maryland | Max 5% of the unpaid rent * | Md. Code, Real Prop. § 8-208(d)(3) |
| Minnesota | Max 8% of the overdue rent payment * | Minn. Stat. § 504B.177 |
| Nevada | Max 5% of the periodic rent * | NRS 118A.210(4) |
| New York | Max lesser of $50 or 5% of the monthly rent; not before 6 days late | N.Y. Real Prop. Law § 238-a |
| North Carolina | Max greater of $15 or 5% of the monthly rent; not before 5 days late * | N.C.G.S. § 42-46 |
| Ohio | No fixed cap verified | — |
| Oregon | No fixed cap verified; not before 4 days late * | ORS 90.260 |
| South Carolina | No fixed cap verified | S.C. Code Ann. § 27-40-210(11) |
| Tennessee | Max 10% of the past-due rent; not before 5 days late * | Tenn. Code Ann. § 66-28-201(d) |
| Texas | Max 12% of monthly rent (4 or fewer units) or 10% (more than 4 units) (safe harbor); not before 3 days late * | Tex. Prop. Code § 92.019 |
| Utah | Max greater of 10% of the agreed rent or $75 * | Utah Code § 57-22-4(5) |
| Virginia | Max lesser of 10% of the periodic rent or 10% of the remaining balance due * | Va. Code § 55.1-1204(E) |
| Washington | No fixed cap verified; not before 6 days late * | RCW 59.18.170(2), 59.18.230(2)(i) |
* Conditions apply; pick the state above to see them.
Signing a new lease?
Late fees, daily penalties and "additional rent" clauses are written into the lease. Our free scan flags fees and other clauses that may not hold up in your state.
Scan my lease freeGeneral information only, not legal advice. Cities can add their own rules, and laws change; always check the linked source.