How much can a landlord charge for a late rent fee?

It depends on the state. Seayora holds a published statute for 16 states and the District of Columbia. The table below gives the figure for each, with the statute it comes from.

Maximum late fee, state by state

StateMaximum late feeSource
Colorado$50 or 5%, whichever is greaterC.R.S. § 38-12-105
ConnecticutLesser of $5 a day (up to $50) or 5% of the late rentConn. Gen. Stat. § 47a-15a
Delaware5% of the monthly rent25 Del. C. § 5501(d)
District of Columbia5% of the full amount of rent dueD.C. Code § 42-3505.31
Hawaii8% of the rent dueHaw. Rev. Stat. § 521-21(f)
Iowa$12 a day, $60 a month (rent up to $700); $20 a day, $100 a month aboveIowa Code § 562A.9(4)
Maine4% of one month’s rent14 M.R.S. § 6028
Maryland5% of the rent due for the period that was paid lateMd. Code, Real Prop. § 8-208(d)(3)
Minnesota8% of the overdue rent paymentMinn. Stat. § 504B.177(a)
Nevada5% of the periodic rentNRS 118A.210
New Mexico5% of the rent for each rental period the tenant is in defaultN.M. Stat. § 47-8-15
New York$50 or 5%, whichever is lessN.Y. Real Prop. Law § 238-a(2)
North Carolina$15 or 5%, whichever is greaterN.C. Gen. Stat. § 42-46(a)
OregonA reasonable flat fee, 6% of it a day, or 5% per five daysORS 90.260
Tennessee10% of the rent past dueTenn. Code § 66-28-201(d)
Texas12% (four units or fewer) or 10% (more than four)Tex. Prop. Code § 92.019
Virginia10% of the rent or of the balance due, whichever is lessVa. Code § 55.1-1204(E)

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.

The answer in full, for the biggest rental markets

How much can a landlord charge for a late rent fee in Texas?

In Texas, a late fee is presumed reasonable if it is no more than 12% of the monthly rent in a building of four or fewer units, or 10% in a building of more than four; a larger fee is lawful only if it does not exceed the landlord’s uncertain damages from the late payment. A landlord may not charge a late fee unless some of the rent has remained unpaid for two full days after it was due. The percentages cover any initial charge and any daily charge combined. This is Tex. Prop. Code § 92.019.

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How much can a landlord charge for a late rent fee in New York?

In New York, a late fee may not exceed $50 or 5% of the monthly rent, whichever is less. A landlord may not charge a late fee unless the rent is still unpaid five days after it was due. This is N.Y. Real Prop. Law § 238-a(2).

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How much can a landlord charge for a late rent fee in North Carolina?

In North Carolina, a late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. A late fee may be charged only once the rent is five calendar days or more late, counting from the day after it was due. Where rent is paid weekly the limit is $4 or 5% of the weekly rent, whichever is greater. This is N.C. Gen. Stat. § 42-46(a).

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How much can a landlord charge for a late rent fee in Virginia?

In Virginia, a late charge may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. This is Va. Code § 55.1-1204(E).

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How much can a landlord charge for a late rent fee in Colorado?

In Colorado, a late fee may not exceed $50 or 5% of the past-due rent, whichever is greater. A landlord may not charge a late fee until the rent is at least seven calendar days late. A late fee may not be charged more than once for one late payment unless the total stays within the cap, may not carry interest, may not be taken out of a later rent payment, and must be notified to the tenant in writing within 180 days of the missed due date. This is C.R.S. § 38-12-105.

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How much can a landlord charge for a late rent fee in Maryland?

In Maryland, a late fee may not exceed 5% of the rent due for the period that was paid late. This is Md. Code, Real Prop. § 8-208(d)(3).

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How much can a landlord charge for a late rent fee in Minnesota?

In Minnesota, a late fee may not exceed 8% of the overdue rent payment. A late fee may be charged only where the tenant and landlord agreed in writing that one may be imposed, and the agreement must say when. This is Minn. Stat. § 504B.177(a).

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How much can a landlord charge for a late rent fee in Nevada?

In Nevada, a late fee may not exceed 5% of the periodic rent. In a tenancy longer than week to week, no late fee may be charged until at least three calendar days after the rent is due. The maximum may not be raised on the strength of a late fee already imposed. This is NRS 118A.210.

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How Seayora uses this rule

Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

Other rules compared across states

Every rule for one state

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