What is the maximum late fee in Washington?

There is no fixed statutory maximum in Washington. The fee still has to be reasonable — courts can strike down fees that operate as penalties, so document how yours relates to your actual costs.

Is there a required grace period in Washington?

Yes — rent must be at least 5 days past due before a late fee can be charged under Rev. Code Wash. § 59.18.170.

Where is this in Washington law?

The controlling provision is Rev. Code Wash. § 59.18.170. Legislatures amend these rules, so always confirm the current text via the official source linked above.

Washington Late Fee Laws

Last reviewed: July 10, 2026

Maximum late fee

No statutory cap

Grace period

5 days

Statute

Rev. Code Wash. § 59.18.170

Washington sets no statutory dollar cap on residential late fees — Rev. Code Wash. § 59.18.170 governs the landlord–tenant relationship, and courts still expect a late fee to be a reasonable estimate of actual damages rather than a penalty.

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 Washington, even when the lease provides for it.

Washington has no statewide cap, but no late fee may be charged for rent paid within five days of the due date, and tenant payments apply to rent before fees. HB 1217 (2025) capped rent increases, not late fees — though local ordinances do cap fees (Seattle and Tacoma at $10 per month, Redmond at 1.5% of monthly rent), so check the city.

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Frequently asked questions

What is the maximum late fee in Washington?: There is no fixed statutory maximum in Washington. The fee still has to be reasonable — courts can strike down fees that operate as penalties, so document how yours relates to your actual costs.
Is there a required grace period in Washington?: Yes — rent must be at least 5 days past due before a late fee can be charged under Rev. Code Wash. § 59.18.170.
Where is this in Washington law?: The controlling provision is Rev. Code Wash. § 59.18.170. 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.

Washington Late Fee Laws

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