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Virginia Late Fee Laws

Last reviewed: July 10, 2026

Maximum late fee
The lesser of 10% of the periodic rent or 10% of the remaining balance due
Grace period
5 days
Statute
Va. Code § 55.1-1204(C), (E)

Virginia limits residential late fees under Va. Code § 55.1-1204(C), (E): the fee may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. A lease can agree to less, but a fee above the statutory limit is generally unenforceable.

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 Virginia, even when the lease provides for it.

Rent is due on the first of the month and is late if not paid by the fifth, so a late charge attaches only when rent is paid after the fifth (§ 55.1-1204(C)). The charge must be provided for in the written rental agreement and can't exceed the lesser of 10% of the periodic rent or 10% of the tenant's remaining balance, so a partial payment lowers the ceiling. A separate change effective July 1, 2026 lengthened the nonpayment pay-or-quit notice to 14 days; that clock is independent of the late fee.

Calculate a late fee with Virginia's limits preloaded

Automate Virginia's late fee rules

StackRent tracks every due date, waits out the 5-day grace period and keeps every charge within the lesser of 10% of the periodic rent or 10% of the remaining balance due, and posts the fee to the ledger — automatically, across your whole portfolio.

Frequently asked questions

What is the maximum late fee in Virginia?
State law limits the fee to the lesser of 10% of the periodic rent or 10% of the remaining balance due (Va. Code § 55.1-1204(C), (E)). Charging above that is generally unenforceable.
Is there a required grace period in Virginia?
Yes — rent must be at least 5 days past due before a late fee can be charged under Va. Code § 55.1-1204(C), (E).
Where is this in Virginia law?
The controlling provision is Va. Code § 55.1-1204(C), (E). 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