| Alabama | Alabama sets no statutory cap on residential late fees, so the fee must be in the rental agreement and a court can refuse to enforce an unconscionable one (Ala. Code §§ 35-9A-161, 35-9A-143). | None in state lawAlabama law sets no grace period before a late fee may be charged; rent is due at the time agreed in the lease (Ala. Code § 35-9A-161(c)). | Late fee | 2026-10-26 |
| Alaska | Alaska's landlord-tenant act sets no late-fee cap, so a late fee must be agreed in the lease in advance and should reasonably approximate the landlord's actual costs (AS 34.03.020). | None in state lawAlaska law sets no grace period before a late fee may be charged; rent is due at the time agreed in the lease (AS 34.03.020(c)). | Late fee | 2026-10-26 |
| Arizona | Arizona sets no numeric late-fee cap, but a landlord may only collect a late fee that is reasonable and set forth in a written rental agreement (A.R.S. § 33-1368(B)). | None in state lawArizona has no statutory grace period, so a late fee in a written lease can apply the day after rent is due, though rent must remain unpaid five days after a written notice before the landlord can file to evict (A.R.S. §§ 33-1314(C), 33-1368(B)). | Late fee Grace period | 2026-10-26 |
| Arkansas | Arkansas sets no statutory cap on residential late fees, so any late fee must be in the rental agreement and should be a reasonable estimate of the landlord's costs (Ark. Code Ann. tit. 18, ch. 16-17). | None in state lawArkansas law sets no grace period before a residential late fee may be charged, so the lease's due date and any lease grace period control (Ark. Code Ann. tit. 18, ch. 17). | Late fee | 2026-10-26 |
| California | California sets no numeric late-fee cap, but a residential late fee is enforceable only if it is a reasonable estimate of the landlord's actual costs from late payment that would be hard to calculate, so keep fees modest and document how you set them (Cal. Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7). | None in state lawCalifornia law does not require a grace period before a late fee can be charged, though leases commonly allow until the 5th (Cal. Civ. Code §§ 1940–1954.535 contain no grace-period rule). | Late fee Grace period | 2026-10-26 |
| Colorado | A late fee cannot exceed the greater of $50 or 5% of the past-due rent, must be stated in the lease, and cannot be charged more than once per late payment beyond that total (C.R.S. § 38-12-105(1)(b), (c), (g)). | 7 daysDo not charge a late fee until rent is at least seven calendar days late (C.R.S. § 38-12-105(1)(a)). | Late fee | 2026-10-26 |
| Connecticut | A late fee must be in a written lease and may not exceed the lesser of $5 per day up to $50 or 5% of the late rent, charged only once per late payment (Conn. Gen. Stat. § 47a-15a(b)). | 9 daysA late fee may be charged only on rent paid after the 9-day grace period (4 days for week-to-week tenancies), plus 5 more days in a month when the landlord's online payment system prevents on-time payment (Conn. Gen. Stat. § 47a-15a). | Late fee | 2026-10-26 |
| Delaware | If the lease provides for a late charge, it may not exceed 5% of the monthly rent (25 Del. C. § 5501(d)). | 5 daysA late charge may not be imposed within 5 days after rent is due, and the due date moves 3 days later if the landlord has no office in the unit's county where rent can be paid (25 Del. C. § 5501(d)). | Late fee | 2026-10-26 |
| District of Columbia | A landlord may charge a late fee of no more than 5% of the rent due, only once per late payment and only if the written lease states the maximum fee (D.C. Code § 42-3505.31(a)-(c)). | 5 daysA late fee may be charged only if the full rent is still unpaid 5 days after the due date, or after any longer grace period in the lease (D.C. Code § 42-3505.31(b)(2)). | Late fee | 2026-10-26 |
| Florida | Florida sets no cap on residential late fees; the fee must be in the lease and a court can refuse to enforce an unconscionable fee (Fla. Stat. §§ 83.43(12), 83.45). | None in state lawFlorida law requires no grace period before a late fee; rent is due on the date the lease sets (Fla. Stat. § 83.46(1)). | Late fee Grace period | 2026-10-26 |
| Georgia | Georgia has no statute capping residential late fees, so any late fee must be stated in the lease and kept reasonable to be enforceable (O.C.G.A. ch. 44-7 is silent). | None in state lawGeorgia law does not require a grace period before a late fee, but a landlord must give a 3-business-day pay-or-vacate notice before filing for eviction for unpaid rent (O.C.G.A. § 44-7-50(c)). | Late fee | 2026-10-26 |
| Hawaii | A late charge may not exceed 8% of the rent due (Haw. Rev. Stat. § 521-21(f)). | None in state lawHawaii law sets no grace period before a late charge may be imposed; rent is due when the rental agreement says (Haw. Rev. Stat. § 521-21(b), (f)). | Late fee | 2026-10-26 |
| Idaho | Late fees must be reasonable and may not exceed the amount stated in the rental agreement, and a new or higher fee under a written lease requires 30 days' written notice (Idaho Code § 55-305). | None in state lawIdaho law sets no grace period before a late fee may be charged; the rental agreement controls (Idaho Code § 55-305, silent). | Late fee | 2026-10-26 |
| Illinois | Illinois has no statewide cap on residential late fees, so any fee should be stated in the lease and reasonable; Chicago and suburban Cook County impose their own caps (765 ILCS 705). | None in state lawIllinois law sets no grace period before a residential late fee may be charged; follow the lease and any local ordinance (765 ILCS 705). | Late fee | 2026-10-26 |
| Indiana | Indiana sets no statutory cap on residential late fees, so the fee comes from the lease (Ind. Code 32-31, silent). | None in state lawIndiana law sets no grace period before a late fee may be charged; the lease controls (Ind. Code 32-31, silent). | Late fee | 2026-10-26 |
| Iowa | Late fees may not exceed $12 per day or $60 per month when rent is $700 or less, or $20 per day or $100 per month when rent is more than $700 (Iowa Code § 562A.9(4)). | None in state lawIowa law sets no grace period before a late fee may be charged; rent is due when the rental agreement says (Iowa Code § 562A.9(3), (4)). | Late fee | 2026-10-26 |
| Kansas | Kansas sets no statutory cap on residential late fees; any late charge must be in the rental agreement (K.S.A. 58-2545(a), silent on late fees). | None in state lawKansas law sets no grace period before a late fee may be charged; rent is due when the agreement says (K.S.A. 58-2545(c)). | Late fee | 2026-10-26 |
| Kentucky | Kentucky sets no statutory cap on residential late fees, so the fee comes from the lease (KRS ch. 383, silent). | None in state lawKentucky law sets no grace period before a late fee may be charged; the lease controls (KRS ch. 383, silent). | Late fee Grace period | 2026-10-26 |
| Louisiana | Louisiana has no statute capping residential late fees, but a fee is owed only if the lease provides for it and an unreasonably high fee can be challenged (La. R.S. 9:3251 et seq.). | None in state lawLouisiana law does not require a grace period before a late fee may be charged; the lease controls (La. R.S. 9:3251 et seq.). | Late fee | 2026-10-26 |
| Maine | A late fee may not exceed 4% of one month's rent and may be charged only if the tenant was told in writing at move-in that such a fee may apply (14 M.R.S. § 6028(2)-(3)). | 15 daysRent is not legally late, and no late fee may be charged, until it is more than 15 days past due (14 M.R.S. § 6028(1)). | Late fee | 2026-10-26 |
| Maryland | A lease may not impose a late fee greater than 5% of the unpaid rent for that period, or for weekly rentals more than $3 a week and $12 a month (Md. Code, Real Prop. § 8-208(d)(3)). | None in state lawMaryland state law sets no grace period before a late fee may be charged, though Montgomery County requires rent to be more than 10 days late (Md. Code, Real Prop. § 8-208). | Late fee | 2026-10-26 |
| Massachusetts | Massachusetts sets no maximum late-fee amount, but no interest or penalty may be charged until rent is 30 days late (M.G.L. c. 186, § 15B(1)(c)). | 30 daysNo lease may charge interest or a penalty for late rent until 30 days after the rent was due (M.G.L. c. 186, § 15B(1)(c)). | Late fee | 2026-10-26 |
| Michigan | Michigan has no statute capping late fees, but a fee must be reasonable and proportionate to the landlord's actual damages from late payment (MCL 554.601 et seq.). | None in state lawMichigan law sets no grace period before a late fee may be charged; the lease controls (MCL 554.601 et seq.). | Late fee | 2026-10-26 |
| Minnesota | A late fee is allowed only if the lease says so in writing and states when it applies, and it may not exceed 8% of the overdue rent payment (Minn. Stat. § 504B.177). | None in state lawMinnesota requires no grace period, so a late fee may apply the day after rent is due if the written lease says when the fee is charged (Minn. Stat. § 504B.177). | Late fee | 2026-10-26 |
| Mississippi | Mississippi has no statute capping residential late fees, though courts may refuse to enforce an unreasonable fee (Miss. Code Ann. § 89-8-1 et seq.). | None in state lawMississippi law sets no grace period before a late fee may be charged; the lease controls (Miss. Code Ann. § 89-8-1 et seq.). | Late fee | 2026-10-30 |
| Missouri | Missouri has no statute capping residential late fees, so the fee is set by the lease but should be reasonable (RSMo chs. 441 and 535 contain no late-fee limit). | None in state lawMissouri law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (RSMo chs. 441 and 535 contain no grace-period rule). | Late fee | 2026-10-26 |
| Montana | Montana has no statute capping residential late fees, but a court may refuse to enforce an unconscionable lease term (MCA § 70-24-404). | None in state lawMontana law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (MCA Title 70, ch. 24 is silent). | Late fee | 2026-10-26 |
| Nebraska | Nebraska has no statute capping residential late fees, so any fee must be set in the rental agreement (Neb. Rev. Stat. §§ 76-1414, 76-1415 contain no late-fee limit). | None in state lawNebraska law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (Neb. Rev. Stat. § 76-1414 is silent). | Late fee | 2026-10-26 |
| Nevada | Late fees must be stated in the rental agreement, be reasonable, and not exceed 5% of the periodic rent (NRS 118A.210(4)). | 3 daysIn tenancies longer than week to week, landlords may not charge a late fee until at least 3 calendar days after rent is due (NRS 118A.210(4)(a)). | Late fee | 2026-10-26 |
| New Hampshire | New Hampshire has no statute capping residential late fees, so the amount comes from the lease (RSA chs. 540 and 540-A contain no late-fee limit). | None in state lawNew Hampshire law does not require a grace period before a late fee may be charged, so any grace period comes from the lease (RSA chs. 540 and 540-A are silent). | Late fee Grace period | 2026-10-26 |
| New Jersey | New Jersey has no statewide cap on residential late fees, but the fee must be stated in the lease and courts treat it as rent in eviction cases only when the lease says so (DCA Truth in Renting, pp. 2–3). | 5 daysOnly tenants who are seniors receiving Social Security or equivalent government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, and whose rent is due on the 1st, get a statutory 5-business-day grace period before a late fee; other New Jersey tenants have no statutory grace period (N.J.S.A. 2A:42-6.1, -6.3). | Late fee Grace period | 2026-10-26 |
| New Mexico | If the lease provides for one, a late fee may not exceed 5% of the rent for each rental period in default, must be calculated on rent alone, and must be noticed by the last day of the following rental period (NMSA 1978 § 47-8-15(D)). | None in state lawNew Mexico sets no grace period: a lease-authorized late fee may be charged once rent is not paid as the rental agreement requires (NMSA 1978 § 47-8-15(B), (D)). | Late fee | 2026-10-26 |
| New York | A late fee may not exceed the lesser of $50 or 5% of the monthly rent (N.Y. Real Prop. Law § 238-a(2)). | 5 daysA late fee may be charged only if rent is still unpaid five days after its due date (N.Y. Real Prop. Law § 238-a(2)). | Late fee | 2026-10-26 |
| North Carolina | For monthly rent, a late fee may not exceed the greater of $15 or 5% of the monthly rent (weekly rent: greater of $4 or 5%), charged only once per late payment (N.C. Gen. Stat. § 42-46(a)-(b)). | 5 daysA late fee may be charged only once rent is five calendar days or more late, counting the day after the due date as day one, so rent due on the 1st can incur a fee no earlier than the 6th (N.C. Gen. Stat. § 42-46(a)). | Late fee | 2026-10-26 |
| North Dakota | North Dakota has no statutory cap on residential late fees, but a lease late fee must be a reasonable pre-estimate of damages, since contract clauses fixing damages in advance are void unless actual damages are impracticable to fix (N.D.C.C. § 9-08-04). | None in state lawNorth Dakota law sets no grace period before a late fee may be charged; the lease controls when rent is due and when a late fee applies (N.D.C.C. ch. 47-16). | Late fee | 2026-10-26 |
| Ohio | Ohio has no statutory late-fee cap, but courts strike or reduce late fees that are unreasonable penalties or unconscionable, so keep fees modest and spelled out in the lease (R.C. 5321.14; Drake Townhomes v. Woodberry, 2017-Ohio-6968). | None in state lawOhio law requires no grace period before a late fee, so any grace period comes from the lease (R.C. Chapter 5321 is silent). | Late fee Grace period | 2026-10-26 |
| Oklahoma | Oklahoma has no fixed late-fee cap, but the Oklahoma Supreme Court held that a $5-per-day late charge on top of a $20 late fee was a void penalty absent proof of the landlord's actual costs, so fees must be a reasonable estimate of real costs (Sun Ridge Investors, Ltd. v. Parker, 1998 OK 22; 15 O.S. §§ 213-215). | None in state lawOklahoma law sets no grace period before a late fee may be charged; the 5-day period in 41 O.S. § 131(B) applies only to terminating the lease after a written demand for rent (41 O.S. §§ 109, 131). | Late fee Grace period | 2026-10-26 |
| Oregon | A late fee must be set out in a written rental agreement and may not exceed a reasonable flat fee, a daily fee of up to 6% of that flat fee, or 5% of the rent per five-day period late (ORS 90.260(1)–(2)). | 4 daysA late fee may be charged only if rent is still unpaid by the end of the fourth day of the rental period, so the earliest fee is on day 5 (ORS 90.260(1)(a)). | Late fee | 2026-10-26 |
| Pennsylvania | Pennsylvania has no statute capping residential late fees, but the Attorney General advises that late fees should not be excessive and should bear a reasonable relation to the landlord's costs (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., silent). | None in state lawPennsylvania law sets no grace period before a late fee may be charged, so the lease controls (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., silent). | Late fee | 2026-10-26 |
| Rhode Island | Rhode Island sets no cap on residential late fees, but any fee beyond rent must be disclosed in the lease's rent section and a court may refuse to enforce an unconscionable term (R.I. Gen. Laws §§ 34-18-15(a)(1), 34-18-13). | None in state lawRhode Island sets no late-fee grace period; the 15-day period in R.I. Gen. Laws § 34-18-35(a) only controls when a landlord may send a nonpayment eviction notice. | Late fee Grace period | 2026-10-26 |
| South Carolina | South Carolina sets no cap on residential late fees; the Act treats agreed late charges as part of rent, so the amount is set by the lease (S.C. Code §§ 27-40-210(11), 27-40-310(a)). | None in state lawSouth Carolina sets no grace period before a late fee may be charged; the five-day period in S.C. Code § 27-40-710(B) only controls when a landlord may terminate the lease for nonpayment. | Late fee | 2026-10-26 |
| South Dakota | South Dakota sets no cap on residential late fees; any late fee is whatever the lease provides (SDCL ch. 43-32, silent). | None in state lawSouth Dakota sets no grace period before a late fee may be charged; rent is due when the lease says (SDCL § 43-32-12). | Late fee Grace period | 2026-10-26 |
| Tennessee | In URLTA counties, a late fee, however described, may not exceed 10% of the amount of rent past due (Tenn. Code Ann. § 66-28-201(d)). | 5 daysIn URLTA counties, no late fee may be charged until a 5-day grace period has run, counting the due date as day one, and if the fifth day is a Sunday or legal holiday no fee may be charged when rent is paid the next business day (Tenn. Code Ann. § 66-28-201(d)). | Late fee | 2026-10-26 |
| Texas | A late fee must be in a written lease and reasonable, which the statute presumes for fees up to 12% of rent in buildings of 4 or fewer units or 10% in buildings of more than 4 units (Tex. Prop. Code § 92.019(a), (a-1)). | 2 daysA landlord may not charge a late fee until rent has stayed unpaid two full days after the due date, so rent due on the 1st can be charged a late fee on the 4th at the earliest (Tex. Prop. Code § 92.019(a)(3)). | Late fee | 2026-10-26 |
| Utah | A late fee may not exceed the greater of 10% of the rent stated in the rental agreement or $75, and must be agreed to in the rental agreement (Utah Code § 57-22-4(5)). | None in state lawUtah law sets no grace period before a late fee may be charged; any grace period comes from the rental agreement (Utah Code § 57-22-4(5) is silent on timing). | Late fee | 2026-10-26 |
| Vermont | Vermont sets no statutory cap on residential late fees; a late fee should be written into the lease and reasonably related to the landlord's cost of collection rather than a penalty, and lease terms that circumvent the chapter are void (9 V.S.A. §§ 4454, 4455). | None in state lawVermont law sets no grace period before a late fee may be charged; rent is due at the time agreed in the lease (9 V.S.A. § 4455(a)). | Late fee Grace period | 2026-10-26 |
| Virginia | A late fee may be charged only if the written lease provides for it and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed (Va. Code § 55.1-1204(E)). | None in state lawVirginia sets no mandatory grace period for written leases, so a late fee provided in the lease may apply once rent is past due; only when there is no written lease is rent late after the fifth of the month (Va. Code § 55.1-1204(C)(4)-(5), (E)). | Late fee | 2026-10-26 |
| Washington | Washington's Residential Landlord-Tenant Act sets no dollar or percentage cap on late fees for apartments and rental houses, only a 5-day grace period (RCW 59.18.170). | 5 daysLandlords may not charge a late fee for rent paid within five days after its due date; after that, fees may run from the first day after the due date (RCW 59.18.170(2)). | Late fee | 2026-10-26 |
| West Virginia | West Virginia sets no numeric cap on residential late fees, but only reasonable late charges specified in the rental agreement may be taken from the deposit (W. Va. Code § 37-6A-2(b)(1)). | None in state lawWest Virginia law sets no grace period before a late fee may be charged; timing follows the rental agreement (W. Va. Code arts. 37-6 and 37-6A contain no grace period). | Late fee Grace period | 2026-10-26 |
| Wisconsin | Wisconsin sets no numeric cap on late fees, but a landlord may charge one only as specifically provided in the rental agreement, must first apply any rent prepayment, and may not charge a fee for not paying a late fee (Wis. Admin. Code ATCP 134.09(8)). | None in state lawWisconsin law sets no grace period before a late fee may be charged; the rental agreement controls (Wis. Admin. Code ATCP 134.09(8)). | Late fee | 2026-10-26 |
| Wyoming | Wyoming sets no statutory cap on residential late fees, so the fee must come from the rental agreement and should be reasonable to be enforced (Wyo. Stat. §§ 1-21-1201 to -1211 contain no late-fee rule). | None in state lawWyoming law sets no grace period before a late fee may be charged; any grace period comes from the rental agreement (Wyo. Stat. §§ 1-21-1201 to -1211). | Late fee | 2026-10-26 |