State law guides
Late Fee Laws by State
How much you can charge for late rent — and when you can charge it — is set state by state. Find your state's cap, grace period, and statute below.
There is no federal late fee rule for residential rent. Each state decides whether fees are capped, whether a grace period is required, and what makes a fee enforceable — and the answers range from strict percentage caps to no statute at all. Even in states without a cap, courts generally require a late fee to be a reasonable estimate of the landlord's damages rather than a penalty.
Two things are true almost everywhere: the fee needs to be in the written lease, and a fee that violates the state rule is unenforceable even if the tenant signed for it. Click through to your state for the statute citation, a plain-English summary, and a calculator preloaded with that state's limits.
| State | Maximum late fee | Grace period |
|---|---|---|
| Alabama | No statutory cap | None required |
| Alaska | No statutory cap | None required |
| Arizona | No statutory cap | None required |
| Arkansas | No statutory cap | None required |
| California | No statutory cap | None required |
| Colorado | Greater of 5% of rent or $50 | 7 days |
| Connecticut | The lesser of $5 per day (up to $50 total) or 5% of the delinquent rent payment | 9 days |
| Delaware | 5% of monthly rent | 5 days |
| District of Columbia | 5% of monthly rent | 5 days |
| Florida | No statutory cap | None required |
| Georgia | No statutory cap | None required |
| Hawaii | 8% of monthly rent | None required |
| Idaho | No statutory cap | None required |
| Illinois | No statutory cap | None required |
| Indiana | No statutory cap | None required |
| Iowa | $12 per day up to $60 per month when rent is $700/month or less, or $20 per day up to $100 per month when rent is higher | None required |
| Kansas | No statutory cap | None required |
| Kentucky | No statutory cap | None required |
| Louisiana | No statutory cap | None required |
| Maine | 4% of monthly rent | 15 days |
| Maryland | 5% of monthly rent | None required |
| Massachusetts | No statutory cap | 30 days |
| Michigan | No statutory cap | None required |
| Minnesota | 8% of monthly rent | None required |
| Mississippi | No statutory cap | None required |
| Missouri | No statutory cap | None required |
| Montana | No statutory cap | None required |
| Nebraska | No statutory cap | None required |
| Nevada | 5% of monthly rent | 3 days |
| New Hampshire | No statutory cap | None required |
| New Jersey | No statutory cap | None required |
| New Mexico | 10% of monthly rent | None required |
| New York | Lesser of 5% of rent or $50 | 5 days |
| North Carolina | Greater of 5% of rent or $15 | 5 days |
| North Dakota | No statutory cap | None required |
| Ohio | No statutory cap | None required |
| Oklahoma | No statutory cap | None required |
| Oregon | One of three structures: a reasonable one-time flat fee; a daily fee of up to 6% of that flat amount; or 5% of the periodic rent charged once per five-day period of delinquency | 4 days |
| Pennsylvania | No statutory cap | None required |
| Rhode Island | No statutory cap | None required |
| South Carolina | No statutory cap | None required |
| South Dakota | No statutory cap | None required |
| Tennessee | 10% of monthly rent | 5 days |
| Texas | Up to 12% of the monthly rent for buildings with four or fewer units, or 10% for larger buildings | 2 days |
| Utah | Greater of 10% of rent or $75 | None required |
| Vermont | No statutory cap | None required |
| Virginia | The lesser of 10% of the periodic rent or 10% of the remaining balance due | 5 days |
| Washington | No statutory cap | 5 days |
| West Virginia | No statutory cap | None required |
| Wisconsin | No statutory cap | None required |
| Wyoming | No statutory cap | None required |
Check a specific late fee
Enter your rent, grace period, and fee structure — the calculator applies a cap and shows exactly what you can charge.
Open the late fee calculatorFrequently asked questions
- Does the late fee have to be in the lease?
- In nearly every state, yes — a late fee is a contract term, so if the lease doesn't provide for it, you generally can't charge it. Several states also require the fee terms to be disclosed in a specific way.
- What if my state has no statutory cap?
- You still can't charge an arbitrary amount. Courts apply a reasonableness standard: the fee should approximate the actual cost a late payment causes you. Fees that look like penalties get struck down.
- Can I charge a late fee the day after rent is due?
- Only where no grace period applies. Some states mandate a waiting period before any fee; where the statute is silent, the lease controls — but the fee still has to be reasonable.
This tool is for informational purposes only and is not legal advice. Rules vary by state and locality and change over time — confirm current requirements for your jurisdiction before acting.