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North Carolina Late Fee Laws

Last reviewed: July 10, 2026

Maximum late fee
Greater of 5% of rent or $15
Grace period
5 days
Statute
N.C. Gen. Stat. § 42-46(a)

North Carolina caps residential late fees at the greater of 5% of the rent or $15 under N.C. Gen. Stat. § 42-46(a). A lease can agree to less, but a fee above the statutory limit is generally unenforceable no matter what the lease says.

Timing matters as much as the amount: rent must be at least 5 days past due before a late fee can be assessed. A fee charged inside that window isn't collectible in North Carolina, even when the lease provides for it.

For monthly rent the fee is capped at the greater of $15 or 5% of the monthly rent, chargeable only once rent is five calendar days late (counting from the day after the due date). Weekly tenancies use the greater of $4 or 5% of the weekly rent.

Calculate a late fee with North Carolina's limits preloaded

Automate North Carolina's late fee rules

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Frequently asked questions

What is the maximum late fee in North Carolina?
State law limits the fee to the greater of 5% of the rent or $15 (N.C. Gen. Stat. § 42-46(a)). Charging above that is generally unenforceable.
Is there a required grace period in North Carolina?
Yes — rent must be at least 5 days past due before a late fee can be charged under N.C. Gen. Stat. § 42-46(a).
Where is this in North Carolina law?
The controlling provision is N.C. Gen. Stat. § 42-46(a). Legislatures amend these rules, so always confirm the current text via the official source linked above.

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.

Late fee laws in other states