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Late fee rules by state

Rules and sources from each state's guideGeneral information, not legal advice

When a late fee may start and the limits stated in the reviewed sources. A missing review is identified separately from a statute that sets no amount.

By state

StateEarliest late feeLimit
Alabama No state rule
the Act sets no grace period before a late fee
Ala. Code §§ 35-9A-101 to 35-9A-603
No state limit
a court may limit an unconscionable term
Ala. Code §§ 35-9A-101 to 35-9A-603 Ala. Code § 35-9A-143
Alaska No state rule
AS 34.03 sets no grace period or late-fee limit
AS 34.03.010 to 34.03.380
Rent is payable without demand or notice at the time and place you and the tenant agree on. AS 34.03, read in full, sets no late-fee amount, cap or grace period, so any late charge comes only from the lease.
AS 34.03.020(c) AS 34.03.010 to 34.03.380
Arizona None set
no state grace period or fee cap; the fee must be in a written lease
A.R.S. § 33-1368(B)
Arizona sets no maximum late fee and no grace period. The Act refers to a reasonable late fee set forth in a written rental agreement, so put the fee in the lease. Rent is due without demand at the time and place the lease sets; unless it says otherwise, rent is payable at the home at the start of each month.
A.R.S. § 33-1368(B) A.R.S. § 33-1314(C)
Arkansas None set
the landlord-tenant act sets no grace period or cap
Ark. Code Ann. § 18-17-301(10) Ark. Code Ann. § 18-17-401(b)
Rent is due without demand or notice at the time and place you agree. The landlord-tenant act sets no limit on a late fee and no grace period; it counts late charges as part of rent. Other residential late-charge law, including court decisions, was not read.
Ark. Code Ann. § 18-17-401(b) Ark. Code Ann. § 18-17-301(10)
California None set
no state grace period or percentage; a late fee must be an agreed damages amount
Cal. Civ. Code § 1671(d)
California sets no late fee percentage and no grace period. In a lease of a home, a late fee is a liquidated damages term, and it is void unless, from the nature of the case, the landlord's actual damage from late payment would be impracticable or extremely difficult to fix and the lease sets an agreed amount presumed to be that damage.
Cal. Civ. Code § 1671(c)(2), (d)
Colorado 7 days
calendar days late
C.R.S. § 38-12-105(1)(a)
$50 or 5%
whichever is greater, of the past-due rent payment
C.R.S. § 38-12-105(1)(b)
Connecticut 9 days
4 days for a weekly tenancy
Conn. Gen. Stat. § 47a-15a(a)
$50 or 5%
the lesser of $5 a day up to $50, or 5 percent of the late payment
Conn. Gen. Stat. § 47a-15a(b)
Delaware 5 days
of the due date
25 Del. C. § 5501(d)
5%
of the monthly rent
25 Del. C. § 5501(d)
Florida None set
Part II sets no grace period or late fee cap
Fla. Stat. ch. 83, part II
No Florida statute in Part II caps a late fee or sets a grace period. Any late fee comes from the written lease. Unless otherwise agreed, rent is due without demand at the start of each rent period and can be prorated by the day.
Fla. Stat. § 83.46(1)
Georgia None found
no grace period in the sections read; the full Code could not be read
O.C.G.A. Title 44, Chapter 7, General Assembly site
The sections read set no limit on a late fee and no grace period. They mention late fees only as a charge a nonpayment notice may demand and as a reason to keep deposit money. Two sections that may bear on lease charges (44-7-2 and 44-7-16) could not be read.
O.C.G.A. § 44-7-50(c) O.C.G.A. § 44-7-34(a)
Hawaii No state rule
chapter 521 sets no grace period before a late charge
HRS § 521-21(f)
8% of rent due
applies to a late charge the lease provides for
HRS § 521-21(f)
Idaho Must be reasonable
no set cap or grace period; a fee not in a written agreement needs 30 days' written notice
Idaho Code § 55-305
Idaho sets no dollar or percentage cap and no grace period for late fees, but any fee you impose on a residential tenant, including a late fee, must be reasonable. You may not charge a fee above the amount the rental agreement states. A fee the agreement does not include may be charged only if the agreement is oral or, for a written agreement, after you give the tenant 30 days' written notice of the change.
Idaho Code § 55-305(1) Idaho Code § 55-305(2)
Illinois None for homes
no statewide statute sets a grace period or caps the fee for apartments and houses; a mobile home park of 5 or more homes must allow 5 days
765 ILCS 705 735 ILCS 5, Article IX 765 ILCS 745/12
None of the Illinois acts read for this page caps a late fee or requires a grace period for apartments and houses; the amount and timing come from your lease. A lease in a mobile home park of 5 or more homes must give the tenant at least 5 days after the due date before a late fee. Chicago caps late fees by ordinance.
765 ILCS 705 735 ILCS 5, Article IX 765 ILCS 745/12 765 ILCS 745/1
Indiana No state rule
the landlord-tenant law sets no late fee cap or grace period
Ind. Code art. 32-31 Ind. Code § 32-31-1-20(c)
Indiana's landlord-tenant law sets no late fee amount, no cap and no grace period, so a late fee comes from your written lease. Unless the General Assembly authorizes it, cities and counties may not regulate the fees a landlord charges on privately owned property.
Ind. Code art. 32-31 Ind. Code § 32-31-1-20(c)
Iowa No state grace period
chapters 562A, 562 and 648 set none
Iowa Code ch. 562A
A rental agreement may not provide for a late fee of more than $12 a day or $60 in total a month when the rent is $700 a month or less, or more than $20 a day or $100 in total a month when the rent is more than $700. No section of Iowa Code chapters 562A, 562 or 648 sets a grace period before a late fee may be charged, so any grace period comes from your lease.
Iowa Code § 562A.9(4)
Kansas None set
no Kansas statute sets a grace period or a late fee limit
K.S.A. 58-2540 to 58-2573
No section of the Kansas Residential Landlord and Tenant Act, read whole, limits late fees or sets a grace period. Rent is due without demand or notice at the time and place you and the tenant agree.
K.S.A. 58-2540 to 58-2573 K.S.A. 58-2545(c)
Kentucky None set
no section of KRS chapter 383 sets a late fee or grace period
KRS chapter 383
No section of KRS chapter 383 sets a late-fee amount or a grace period, so both come from the lease. Kentucky case law on late fees and penalties was not read for this page.
KRS chapter 383
Louisiana None set
no state cap or grace period, so the lease sets them
La. Civ. Code arts. 2668 to 2729
Louisiana's lease laws set no cap and no grace period for late fees, so the lease sets them. Under the general contract rules, the parties may stipulate the damages owed for late performance, and a court may change stipulated damages only if they are so manifestly unreasonable as to be contrary to public policy.
La. Civ. Code arts. 2668 to 2729 La. Civ. Code art. 2005 La. Civ. Code art. 2012
Maine 15 days
no late penalty until rent is 15 days overdue
14 M.R.S. § 6028(1)
4%
of one month's rent, with written notice at signing
14 M.R.S. § 6028(2), (3)
Maryland No state grace period
the lease sets when rent is late
Md. Code, Real Prop. § 8-208(d)(3)
5% of unpaid rent
for the period; weekly rent $3 a week, $12 a month
Md. Code, Real Prop. § 8-208(d)(3)
Massachusetts 30 days
after the rent was due
Mass. G.L. c. 186, § 15B(1)(c)
No lease or rental agreement may charge interest or a penalty for late rent until thirty days after the rent was due. Chapter 186 sets no dollar or percentage limit on the amount.
Mass. G.L. c. 186, § 15B(1)(c)
Michigan None set
the landlord-tenant statutes set no grace period or cap
MCL 554.631 to 554.641 MCL 554.601 to 554.616
The Michigan landlord-tenant acts read in full for this page set no maximum late fee and no grace period. A lease may not charge an extra fee on every way of paying rent: at least one allowed method, or the only one if there is just one, must be free of any added charge.
MCL 554.633(1)(o) MCL 554.631 to 554.641 MCL 554.601 to 554.616
Minnesota None set
the written agreement says when the fee applies
Minn. Stat. § 504B.177(a)
8%
of the overdue rent payment, only with a written agreement
Minn. Stat. § 504B.177(a)
Mississippi None in the Act
no cap either; a late fee the lease requires is rent
Miss. Code Ann. § 89-8-7(1)(k)
The Act sets no cap on late fees and no grace period. It defines rent as every payment due to the landlord under the rental agreement, including any late fees the agreement requires a defaulting tenant to pay, so a late fee your lease requires is treated as rent.
Miss. Code Ann. § 89-8-7(1)(k)
Missouri No state rule
no late fee cap or grace period in the landlord and tenant chapters
Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
Missouri's landlord and tenant chapters set no cap on late fees and no grace period; the lease controls. If rent is not paid at the time agreed, you may recover possession through the rent and possession process.
Mo. Rev. Stat. § 535.010 Mo. Rev. Stat. chapter 441 Mo. Rev. Stat. chapter 534 Mo. Rev. Stat. chapter 535
Montana None set
Montana sets no late fee limit or grace period
MCA Title 70, chapter 24 MCA 70-25-101 to 70-25-206
Montana sets no cap on late fees and no grace period before one applies. The Act counts late fees and other charges agreed in the lease as rent, so the amount and timing are what your lease states.
MCA 70-24-103(14)
Nebraska None set
the Act sets no grace period and no late fee limit
Neb. Rev. Stat. §§ 76-1401 to 76-1449
Rent is payable without demand or notice at the time and place you and the tenant agree. Unless the lease says otherwise, rent is payable at the unit, in advance for a term of one month or less, and otherwise in equal monthly installments at the start of each month. The Act sets no late fee limit and no grace period.
Neb. Rev. Stat. § 76-1414(3)
Nevada 3 calendar days
past the due date, in any tenancy longer than week to week
NRS 118A.210(4)(a)
5%
of the periodic rent
NRS 118A.210(4)(b)
New Hampshire Without a different agreement, a tenancy is at will and rent is payable on demand. New Hampshire's landlord and tenant chapters set no limit on late fees and no grace period, so any late fee comes from the lease.
RSA 540:1 RSA ch. 540 RSA ch. 540-A
None set
the landlord and tenant chapters set no cap
RSA ch. 540 RSA ch. 540-A
New Jersey 5 business days
only for listed pension and benefit recipients, rent due on the 1st
N.J.S.A. 2A:42-6.1 N.J.S.A. 2A:42-6.3
No New Jersey statute read for this page caps a late fee on residential rent, and a search of the compiled statutes for "late fee" and "late charge" found none. One grace rule does apply: if rent is due on the first of the month and the tenant is a senior citizen receiving a Social Security old age, railroad retirement or other governmental pension in place of it, or receives Social Security disability, Supplemental Security Income or Work First New Jersey benefits, you must allow five business days' grace and may not charge a late fee for that period.
N.J.S.A. 2A:42-6.1 N.J.S.A. 2A:42-6.3
New Mexico None set
the Act sets no waiting period before a late fee
NMSA 1978 §§ 47-8-1 to 47-8-52
5%
of the rent for each rental period in default, on rent alone
NMSA 1978 § 47-8-15(D)
New York 5 days
only if rent has not been paid within five days of the due date
N.Y. Real Prop. Law § 238-a(2)
$50 or 5%
of the monthly rent, whichever is less
N.Y. Real Prop. Law § 238-a(2)
North Carolina 5 days
no late fee until rent is five calendar days or more late
N.C. Gen. Stat. § 42-46(a)
$15 or 5%
whichever is greater, on monthly rent
N.C. Gen. Stat. § 42-46(a)(1)
North Dakota No state rule
chapters 47-16 and 47-32 require no grace period
N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32
No state limit
chapters 47-16 and 47-32 set no cap
N.D.C.C. ch. 47-16 N.D.C.C. ch. 47-32
Ohio No section of chapter 5321 sets a late-fee amount, cap or grace period, so the late fee is what the rental agreement says. A lease may include any rent term that is not inconsistent with chapter 5321 or other law. If a court finds a lease term was unconscionable when it was made, it may refuse to enforce the lease, enforce the rest of the lease without that term, or limit the term, after giving the parties a reasonable opportunity to present evidence.
Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.06 Ohio Rev. Code § 5321.14
None set
chapter 5321 sets no amount or grace period; a court may refuse an unconscionable term
Ohio Rev. Code ch. 5321 Ohio Rev. Code § 5321.14
Oklahoma Not set by the Act
The Act sets no late fee amount or grace period
41 O.S. §§ 101 to 136
Rent is due at the time and place you and the tenant agree. The Landlord and Tenant Act sets no late fee amount, no cap and no grace period; Oklahoma's general contract law on penalties was not checked for this page.
41 O.S. § 109(B) 41 O.S. §§ 101 to 136
Oregon Day 4
of the rental period, and the written agreement sets the charge
ORS 90.260(1)
A late charge is allowed only if the rent is not received by the fourth day of the weekly or monthly rental period, and only if a written rental agreement states the tenant's duty to pay it, its type and amount, the rent due date and the day the charge becomes due. The charge may be a reasonable flat amount (the customary amount in that rental market) once per rental period, a daily charge from the fifth day of up to 6 percent of that flat amount, or 5 percent of the periodic rent for each five-day period the rent stays late, beginning on the fifth day.
ORS 90.260 ORS 90.220
Pennsylvania No state rule
no statutory grace period or late fee cap
Landlord and Tenant Act of 1951
The Landlord and Tenant Act sets no cap on a residential late fee and no grace period. Any late fee and grace period come from the lease, so write them in.
Landlord and Tenant Act of 1951
Rhode Island Rent is due at the time and place the parties agree, without demand. Chapter 34-18 sets no late fee amount and no grace period. Any fee beyond the rent must be disclosed in the same section of the lease as the rent, with a statement that additional fees may apply, and a landlord may not charge a convenience fee on a rent payment unless it also accepts a way to pay that carries no such fee.
R.I. Gen. Laws § 34-18-15 R.I. Gen. Laws § 34-18-61 R.I. Gen. Laws ch. 34-18
None set
chapter 34-18 sets no amount or grace period; list the fee with the rent
R.I. Gen. Laws § 34-18-15(a)(1) R.I. Gen. Laws ch. 34-18
South Carolina None set
the Act sets no grace period or late fee cap
S.C. Code Ann. §§ 27-40-10 to 27-40-940
South Carolina sets no late fee cap and no grace period. Rent is due without demand at the time and place you agree; unless you tell the tenant otherwise in writing, it is payable at the home, at the start of each term for a tenancy of a month or less (such as week to week), and otherwise in equal monthly installments at the start of each month.
S.C. Code Ann. §§ 27-40-10 to 27-40-940 S.C. Code Ann. § 27-40-310 (c)
South Dakota The landlord and tenant chapter sets no limit on late fees and no grace period. A late fee is a matter of the lease, so state the amount and when it applies in writing.
SDCL ch. 43-32
None set
the landlord and tenant chapter sets no cap or grace period
SDCL ch. 43-32
Tennessee 5 days
where the Act applies; due date counts as day one; see the Sunday and legal-holiday extension
Tennessee Legislature Code access: T.C.A. 66-28-201(d)
Where the Uniform Residential Landlord and Tenant Act applies, rent has a five-day grace period before a late fee may be charged; count the due date as day one. If the last grace day is a Sunday or a legal holiday under T.C.A. 15-1-101, no late fee may be imposed when rent is paid the next business day. A late fee may not exceed 10 percent of the rent past due. The statutory extension does not list Saturday.
Tennessee Legislature Code access: T.C.A. 66-28-201(d)
Texas 2 full days
of unpaid rent past the due date
Tex. Prop. Code § 92.019
You may charge a late fee only if the written lease gives notice of it, the fee is reasonable, and some rent has remained unpaid two full days after the date it was originally due. A fee is considered reasonable if it is no more than 12 percent of the rent for the rental period in a structure with four or fewer units, or 10 percent in a structure with more than four; a higher fee is also considered reasonable if it is not more than the landlord's uncertain damages from the late payment, such as collection costs and overhead. An initial fee and a daily fee together count as one late fee.
Tex. Prop. Code § 92.019 Tex. Prop. Code § 92.0191 Tex. Prop. Code § 92.011
Utah A late fee may not exceed the greater of 10 percent of the rent in the rental agreement or $75. You also may not charge any fee, fine, assessment, interest or other cost that is higher than the rental agreement states, or that the agreement does not include at all, except that under a month-to-month agreement you may add one with 15 days' notice.
Utah Code § 57-22-4(5)
A late fee may not exceed the greater of 10 percent of the rent in the rental agreement or $75. You also may not charge any fee, fine, assessment, interest or other cost that is higher than the rental agreement states, or that the agreement does not include at all, except that under a month-to-month agreement you may add one with 15 days' notice.
Utah Code § 57-22-4(5)
Vermont Rent is payable without demand or notice at the time and place you and the tenant agree. Chapter 137 sets no late fee amount, cap or grace period, so any late fee rests on the lease.
9 V.S.A. § 4455(a) 9 V.S.A. ch. 137
Rent is payable without demand or notice at the time and place you and the tenant agree. Chapter 137 sets no late fee amount, cap or grace period, so any late fee rests on the lease.
9 V.S.A. § 4455(a) 9 V.S.A. ch. 137
Virginia None set
for a written lease; the fifth-of-the-month rule applies only where no written lease is offered
Va. Code § 55.1-1204(C), (E)
10%
of the rent or of the balance due, whichever is less, and only if the written lease provides for it
Va. Code § 55.1-1204(E)
Washington 5 days
after rent is due
RCW 59.18.170(2)
You may not charge a late fee for rent paid within five days after it is due, and a lease may not say otherwise. Once rent is more than five days late, late fees may run from the first day after the due date until it is paid. Chapter 59.18 sets no dollar or percentage limit on the late fee a lease states, but an eviction judgment may include late fees only if the lease provides for them and only up to $75 in total.
RCW 59.18.170(2) RCW 59.18.230(2)(i) RCW 59.18.410(1)
Washington, D.C. 5 days
after the due date, or any longer grace period in the lease
D.C. Code § 42-3505.31(b)(2)
5%
of the full rent due, and only if the lease states the maximum
D.C. Code § 42-3505.31(a), (b)(1)
West Virginia Neither article caps a late fee or sets a grace period, so any late fee comes from the lease. When the tenancy ends, you may apply the deposit to the reasonable late charges the rental agreement specifies.
W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A W. Va. Code 37-6A-2(b)(1)
Neither article caps a late fee or sets a grace period, so any late fee comes from the lease. When the tenancy ends, you may apply the deposit to the reasonable late charges the rental agreement specifies.
W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A W. Va. Code 37-6A-2(b)(1)
Wisconsin Charge a late fee only if the rental agreement specifically provides for it. Before charging one, apply any rent the tenant has prepaid to the rent owed, and never charge a fee for not paying a late fee.
Wis. Admin. Code § ATCP 134.09(8)
None set
only if the lease provides for it
Wis. Admin. Code § ATCP 134.09(8)
Wyoming No section of Wyoming's residential rental property article caps a late fee or sets a grace period. The tenant must stay current on all payments the rental agreement requires, so set the due date, any late charge and when it applies in the lease.
W.S. 1-21-1201 to 1-21-1211
No section of Wyoming's residential rental property article caps a late fee or sets a grace period. The tenant must stay current on all payments the rental agreement requires, so set the due date, any late charge and when it applies in the lease.
W.S. 1-21-1201 to 1-21-1211

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