District of Columbia Late Fee Law
District of Columbia limits residential late fees by statute. Up to 5% of the full rent due, once per late payment; the maximum must be disclosed in the written lease; no fee on a subsidy provider's share. State law requires a grace period of 5 days before a late fee can be charged.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
District of Columbia late fee law at a glance
| Late-fee cap | Up to 5% of the full rent due, once per late payment; the maximum must be disclosed in the written lease; no fee on a subsidy provider's shareD.C. Code § 42-3505.31 |
|---|---|
| Grace period | 5 daysD.C. Code § 42-3505.31(b)(2) |
| Notice before filing for unpaid rent | 10 days (Notice of nonpayment of rent and possible eviction (RAD Form 10))D.C. Code § 42-3505.01(a), (a-1), RENTAL Amendment Act of 2025, D.C. Law 26-80, § 101(b) |
Late-fee cap
- In effect since .
Grace period
- In effect since .
Notice before filing for unpaid rent
- In effect since .
- Before : The past-due-rent notice had to be given at least 30 days before filing (D.C. Code § 42-3505.01(a-1)(1) before D.C. Law 26-80).
What District of Columbia law says
Is there a limit on late fees in 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)).
Does District of Columbia require a grace period before a late fee?
A 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)).
How much notice must a District of Columbia landlord give for unpaid rent?
To evict for unpaid rent of $600 or more, give the statutory past-due-rent notice with a ledger at least 10 days before filing, by certified mail plus hand delivery or posting; because the required notice wording still tells the tenant they have 30 days to pay, the safest course is to wait 30 days (D.C. Code § 42-3505.01(a-1)) (D.C. Code § 42-3505.01(a), (a-1)).
How District of Columbia compares
20 of 51 verified jurisdictions cap late fees by statute. 4 require a longer grace period than 5 days.
None of District of Columbia's 2 neighbors follows the same rule.
Other District of Columbia rules
| Security deposit limit | 1 month's rent (with exceptions)14 DCMR § 308.2, 308.8, D.C. Code § 42-3502.17(a) |
|---|---|
| Deposit return deadline | 45 days after the lease ends14 DCMR §§ 309.1, 309.2, D.C. Code § 42-3502.17(e) (45-day notice of unpaid amounts, added by D.C. Law 26-156) |
| Entry notice | 48 hours' noticeD.C. Code § 42-3505.51 |
| Rent-increase notice | 60 days (Increase takes effect only on the first regular rent day falling more than 60 calendar days after notice. Rent-stabilized units are also limited in amount and frequency)D.C. Code § 42-3509.04(b), D.C. Law 25-65, § 2(f) (30 → 60 days) |
| Month-to-month termination | Landlord 90 days · tenant 30 daysD.C. Code § 42-3505.54(a), D.C. Code § 42-3202(b), D.C. Code § 42-3505.01(a)-(k) |
Read the District of Columbia law
Put the late fee and grace period in writing
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