Rent is late?. Create a late rent notice →
When a tenant pays rent late, contact them the first day it's late, apply any late fee exactly as the lease and your state allow, and put the amount owed in writing. If rent stays unpaid, serve your state's formal nonpayment notice. Every step should be documented, consistent from tenant to tenant, and timed to your state's grace period and notice rules. A late fee charged too early, or a notice served with the wrong amount, can cost you the fee or force you to start over.
This guide walks through the first day, the first week and the point where you decide on a formal notice, with the grace-period and notice rules for the 15 states MakeLease covers in full.
Day 1: a friendly check-in
Most late rent is a timing problem: a paycheck that cleared late, a forgotten autopay, a bank holiday. A short message on the first day it's late fixes most of them:
Hi Sam, I haven't received October's rent of $1,450 yet, which was due on the 1st. Can you let me know when to expect it? Thanks.
Keep it neutral and in writing (text or e-mail). Don't mention eviction or fees yet unless the fee already applies under your lease and state law.
Know your grace period before charging a fee
Some states bar a late fee until rent has been unpaid for a set number of days. Others leave the grace period to the lease. In the 15 states we cover in full:
| State | Statutory grace period before a late fee | Statute |
|---|---|---|
| Colorado | 7 calendar days | C.R.S. § 38-12-105(1)(a) |
| New York | 5 days | Real Prop. Law § 238-a(2) |
| North Carolina | 5 days (rent due on the 1st, fee on the 6th at the earliest) | N.C. Gen. Stat. § 42-46(a) |
| Washington | 5 days | RCW 59.18.170(2) |
| Oregon | Fee only after the end of the 4th day of the rental period | ORS 90.260(1)(a) |
| Texas | 2 full days (rent due on the 1st, fee on the 4th at the earliest) | Tex. Prop. Code § 92.019(a)(3) |
| Virginia | None for written leases; with no written lease, rent is late after the 5th | Va. Code § 55.1-1204 |
| Arizona, California, Florida, Georgia, Illinois, Minnesota, Ohio, Pennsylvania | No statutory grace period; follow the lease | See each state page |
A grace period in your lease binds you even where the state requires none. If your lease says rent is late after the 5th, don't charge a fee on the 3rd.
Charge the late fee correctly
If a fee is due, charge exactly what the lease says, once, and note it on the tenant's ledger. Check three things first:
- The lease provides for it. Charge only a fee your lease sets out. Texas, for example, allows a late fee only if notice of it is in a written lease.
- The amount is within any cap. Caps range from a flat dollar amount to a percentage of rent, and some states only require the fee to be reasonable. See how much a landlord can charge for a late fee and the late fee laws by state hub.
- The math is right. The late fee calculator checks a flat or daily fee against your state's limit.
Then send a written late rent notice listing the rent due, the late fee, the total and how to pay. This is an informal notice. It doesn't start an eviction, but it creates a record and often gets the rent paid.
If the tenant asks for more time
A short, written payment plan often beats a vacancy. If you agree to one:
- Put it in writing with each payment's date and amount, and what happens if a payment is missed
- Say whether the late fee is waived, reduced or still owed
- Give a rent receipt for each payment; see rent receipts: what to include
Be careful once you've served a formal notice. In some states, accepting rent can waive the notice or require a new one. Florida, for example, lets you accept partial rent after a 3-day notice only if you then give a receipt with the balance and agreed date, deposit the payment with the court on filing, or serve a new notice (Fla. Stat. § 83.56(5)(a)).
Offer the same options to every tenant in the same situation. Inconsistent treatment invites fair housing complaints.
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When to serve a formal nonpayment notice
If rent is still unpaid and the tenant isn't responding or keeping to a plan, the formal notice is the next step. It starts the clock your state requires before you can file an eviction:
| State | Nonpayment notice | Statute |
|---|---|---|
| Arizona | 5 calendar days | A.R.S. § 33-1368(B) |
| California | 3 days, excluding weekends and judicial holidays; rent only, no late fees | Cal. Code Civ. Proc. § 1161(2) |
| Colorado | 10 days | C.R.S. § 13-40-104(1)(d) |
| Florida | 3 days, excluding weekends and court holidays | Fla. Stat. § 83.56(3) |
| Georgia | 3 business days | O.C.G.A. § 44-7-50(c) |
| Illinois | 5 days | 735 ILCS 5/9-209 |
| Minnesota | 14 days, with itemized amount and legal-help statements | Minn. Stat. § 504B.321 |
| New York | 14-day written rent demand | RPAPL § 711(2) |
| North Carolina | 10-day demand | N.C. Gen. Stat. § 42-3 |
| Ohio | 3-day notice to leave | Ohio Rev. Code § 1923.04 |
| Oregon | 10 days (served day 8 or later) or 13 days (day 5 or later) | ORS 90.394 |
| Pennsylvania | 10-day notice to quit | 68 P.S. § 250.501 |
| Texas | 3 days unless the lease sets another period; pay-or-vacate form if the tenant wasn't late before | Tex. Prop. Code § 24.005(a) |
| Virginia | 14 days | Va. Code § 55.1-1245(F) |
| Washington | 14 days, on the statutory form | RCW 59.12.030(3); 59.18.057 |
The differences between pay-or-quit, cure-or-quit and unconditional notices are explained in eviction notice types explained. For the full process, see the state guides for Texas, Florida, Georgia, North Carolina, Arizona, Ohio and Pennsylvania.
Keep a clean record
From the first late day on, keep:
- The rent ledger, with each charge, payment and fee dated
- Copies of every message, notice and payment plan
- Proof of how and when each notice was delivered
- Receipts for every payment received
If the case does go to court, this file is your evidence. If it doesn't, it shows you treated the tenant consistently.
Prevent the next late payment
- Make paying easy. Offer at least one electronic option and send a reminder a few days before the due date.
- Match the due date to the tenant's pay schedule at lease signing, if your lease and state allow.
- Write the rules clearly in the lease: due date, grace period, late fee and accepted payment methods. Our lease agreement generator includes these terms.
- Screen for payment history with the same criteria for every applicant.
More ideas are in rent collection strategies for landlords.
Sources
Official sources cited above (checked 2026-10-28):
- C.R.S. Title 38 (§ 38-12-105), official 2024 printout (Colorado)
- N.Y. Real Prop. Law § 238-a and RPAPL § 711
- N.C. Gen. Stat. § 42-46 and § 42-3
- RCW 59.18.170, RCW 59.12.030 and RCW 59.18.057
- ORS chapter 90 (§§ 90.260, 90.394) (Oregon)
- Tex. Prop. Code § 92.019 and § 24.005
- Va. Code § 55.1-1204 and § 55.1-1245
- A.R.S. § 33-1368 (Arizona)
- Cal. Code Civ. Proc. § 1161
- C.R.S. Title 13 (§ 13-40-104), official 2024 printout (Colorado)
- Fla. Stat. § 83.56
- Georgia HB 404 (2024), enacted text of O.C.G.A. § 44-7-50
- 735 ILCS 5/9-209 (Illinois)
- Minn. Stat. § 504B.321
- Ohio Rev. Code § 1923.04
- 68 P.S. § 250.501 (Pennsylvania)
Frequently asked questions
How many days late can rent be before I charge a late fee?
It depends on the state and your lease. Colorado requires 7 days, New York, North Carolina and Washington 5, and Texas 2 full days; Arizona, California and Florida set no statutory grace period, so the lease controls.
Should I agree to a payment plan for late rent?
Often, yes, if it's in writing with dates and amounts and you give a receipt for each payment. Check your state's rules first if you've already served a formal notice, because accepting rent can waive it or require a new one.
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