Is there a grace period for paying rent?
It depends on the state. Across the 13 states and the District of Columbia where Seayora holds a published statute, the answer ranges from 2 days to 30 days. The table below gives the figure for each, with the statute it comes from.
Grace period before a late fee, state by state
| State | Grace period before a late fee | Source |
|---|---|---|
| Colorado | 7 days | C.R.S. § 38-12-105 |
| Connecticut | 9 days | Conn. Gen. Stat. § 47a-15a |
| Delaware | 5 days | 25 Del. C. § 5501(d) |
| District of Columbia | 5 days | D.C. Code § 42-3505.31 |
| Maine | 15 days | 14 M.R.S. § 6028 |
| Massachusetts | 30 days | M.G.L. c. 186, § 15B(1)(c) |
| Nevada | 3 days | NRS 118A.210 |
| New Jersey | 5 business days (some tenants only) | N.J.S.A. 2A:42-6.1 |
| New York | 5 days | N.Y. Real Prop. Law § 238-a(2) |
| North Carolina | 5 days | N.C. Gen. Stat. § 42-46(a) |
| Oregon | 4 days | ORS 90.260 |
| Tennessee | 5 days | Tenn. Code § 66-28-201(d) |
| Texas | 2 days | Tex. Prop. Code § 92.019 |
| Washington | 5 days | RCW 59.18.170 |
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
Is there a grace period for paying rent in Texas?
Yes. In Texas, 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 late fee itself is limited too: 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. The percentages cover any initial charge and any daily charge combined. This is Tex. Prop. Code § 92.019.
Is there a grace period for paying rent in New York?
Yes. In New York, a landlord may not charge a late fee unless the rent is still unpaid five days after it was due. The late fee itself is limited too: a late fee may not exceed $50 or 5% of the monthly rent, whichever is less. This is N.Y. Real Prop. Law § 238-a(2).
Is there a grace period for paying rent in North Carolina?
Yes. In North Carolina, 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. The late fee itself is limited too: a late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. 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).
Is there a grace period for paying rent in New Jersey?
Only for some tenants. In New Jersey, for senior citizens receiving Social Security or another government pension in its place, and people receiving Social Security Disability, SSI or WorkFirst New Jersey benefits, a landlord may not charge a late fee until five business days after the rent was due. A violation carries a fine of $100 for a first offence, $250 for a second and $500 for any later one. This is N.J.S.A. 2A:42-6.1.
Is there a grace period for paying rent in Washington?
Yes. In Washington, a landlord may not charge a late fee for rent paid within five days of its due date. Once the rent is more than five days late, late fees may run from the first day after the due date. The statute sets no maximum. This is RCW 59.18.170.
Is there a grace period for paying rent in Massachusetts?
Yes. In Massachusetts, a lease may not impose any interest or penalty for late rent until 30 days after the rent was due. This is M.G.L. c. 186, § 15B(1)(c).
Is there a grace period for paying rent in Colorado?
Yes. In Colorado, a landlord may not charge a late fee until the rent is at least seven calendar days late. The late fee itself is limited too: a late fee may not exceed $50 or 5% of the past-due rent, whichever is greater. 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.
Is there a grace period for paying rent in Nevada?
Yes. In Nevada, 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 late fee itself is limited too: a late fee may not exceed 5% of the periodic rent. 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
- Maximum late fee in 17 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
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