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
| State | Maximum late fee | Source |
|---|---|---|
| Colorado | $50 or 5%, whichever is greater | C.R.S. § 38-12-105 |
| Connecticut | Lesser of $5 a day (up to $50) or 5% of the late rent | Conn. Gen. Stat. § 47a-15a |
| Delaware | 5% of the monthly rent | 25 Del. C. § 5501(d) |
| District of Columbia | 5% of the full amount of rent due | D.C. Code § 42-3505.31 |
| Hawaii | 8% of the rent due | Haw. Rev. Stat. § 521-21(f) |
| Iowa | $12 a day, $60 a month (rent up to $700); $20 a day, $100 a month above | Iowa Code § 562A.9(4) |
| Maine | 4% of one month’s rent | 14 M.R.S. § 6028 |
| Maryland | 5% of the rent due for the period that was paid late | Md. Code, Real Prop. § 8-208(d)(3) |
| Minnesota | 8% of the overdue rent payment | Minn. Stat. § 504B.177(a) |
| Nevada | 5% of the periodic rent | NRS 118A.210 |
| New Mexico | 5% of the rent for each rental period the tenant is in default | N.M. Stat. § 47-8-15 |
| New York | $50 or 5%, whichever is less | N.Y. Real Prop. Law § 238-a(2) |
| North Carolina | $15 or 5%, whichever is greater | N.C. Gen. Stat. § 42-46(a) |
| Oregon | A reasonable flat fee, 6% of it a day, or 5% per five days | ORS 90.260 |
| Tennessee | 10% of the rent past due | Tenn. Code § 66-28-201(d) |
| Texas | 12% (four units or fewer) or 10% (more than four) | Tex. Prop. Code § 92.019 |
| Virginia | 10% of the rent or of the balance due, whichever is less | Va. 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.
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).
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).
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).
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.
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).
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).
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.
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
- How the interest works in 14 states
- Maximum deposit in 28 states
- Deadline to return the deposit in 51 states
- Notice before entry in 24 states
- Notice before a nonpayment case in 49 states
- Notice to end a tenancy in 48 states
- Notice before a rent increase in 29 states
- Grace period before a late fee in 14 states
- Application fee limit in 12 states
- The first step in 22 states
- Time to respond in 22 states
- The rule on lockouts in 22 states
- Cause needed to end a tenancy in 5 states
- Labor on an appliance repair in 20 states
- Capital improvement in 8 states
- Repair labor on real property in 15 states
- How the contractor is treated in 51 states
Every rule for one state
- Alabama landlord and tenant rules
- Alaska landlord and tenant rules
- Arizona landlord and tenant rules
- Arkansas landlord and tenant rules
- California landlord and tenant rules
- Colorado landlord and tenant rules
- Connecticut landlord and tenant rules
- Delaware landlord and tenant rules
- District of Columbia landlord and tenant rules
- Florida landlord and tenant rules
- Georgia landlord and tenant rules
- Hawaii landlord and tenant rules
- Idaho landlord and tenant rules
- Illinois landlord and tenant rules
- Indiana landlord and tenant rules
- Iowa landlord and tenant rules
- Kansas landlord and tenant rules
- Kentucky landlord and tenant rules
- Louisiana landlord and tenant rules
- Maine landlord and tenant rules
- Maryland landlord and tenant rules
- Massachusetts landlord and tenant rules
- Michigan landlord and tenant rules
- Minnesota landlord and tenant rules
- Mississippi landlord and tenant rules
- Missouri landlord and tenant rules
- Montana landlord and tenant rules
- Nebraska landlord and tenant rules
- Nevada landlord and tenant rules
- New Hampshire landlord and tenant rules
- New Jersey landlord and tenant rules
- New Mexico landlord and tenant rules
- New York landlord and tenant rules
- North Carolina landlord and tenant rules
- North Dakota landlord and tenant rules
- Ohio landlord and tenant rules
- Oklahoma landlord and tenant rules
- Oregon landlord and tenant rules
- Pennsylvania landlord and tenant rules
- Rhode Island landlord and tenant rules
- South Carolina landlord and tenant rules
- South Dakota landlord and tenant rules
- Tennessee landlord and tenant rules
- Texas landlord and tenant rules
- Utah landlord and tenant rules
- Vermont landlord and tenant rules
- Virginia landlord and tenant rules
- Washington landlord and tenant rules
- West Virginia landlord and tenant rules
- Wisconsin landlord and tenant rules
- Wyoming landlord and tenant rules