Late Rent Fees and Other State Rules on Paying Rent

Most states have specific laws covering various aspects of rent. These rules (typically set out in the lease or rental agreement) might cover:

• when rent is due (including what happens if the rent due date falls on a weekend date or holiday)
• where rent is due (such as to the landlord's business address)
• whether tenants have a grace period (for late rent before a landlord charges a late fee), and
• late fees.

Here are citations for statutes that set out rent rules in each state; note that the footnotes include details on state rules on late fees. When a state has no statute on a particular legal issue, the space is left blank. Other state laws cover the amount of notice landlords must provide to increase rent; rules and procedures for terminating a tenant for nonpayment of rent; extra fees a landlord may charge if a tenant's rent check bounces, or (in a handful of states) some form of rent control.

¹ Late fees must be set forth in a written rental agreement and be reasonable. (Arizona)

² Late fees must reflect landlord's actual damages; courts likely won't enforce a preset fee (liquidated damages clause). (California)

³ Landlord can't charge tenant a late fee unless the rent payment is late by at least 7 calendar days. Late fee can't exceed the greater of $50 or 5% of the amount past due, and landlords must disclose late fees in lease or rental agreement. Landlord can't impose a late fee on any portion of the rent that a rent subsidy provider is paying. A late fee can be imposed more than once only if the total amount doesn't exceed the limit. Late fees can't be taken out of rent payments, and landlord can't charge interest on late fees. Landlord must provide the tenant with written notice of the late fee within 180 days after the date the rent payment was due. (Colorado)

⁴ Landlords may not charge a late fee until 9 days after rent is due (4 days for weekly tenancy), and may assess a charge only once per each late rent payment. Late fee limit is $5/day, up to $50 maximum; or 5% of the delinquent rent payment, whichever is greater; if tenancy is subsidized, 5% of the tenant's share. (Connecticut)

⁵ To charge a late fee, landlord must maintain an office in the county where the rental unit is located at which tenants can pay rent. If a landlord doesn't have a local office for this purpose, tenant has 3 extra days (beyond the due date) to pay rent before the landlord can charge a late fee. Late fee can't exceed 5% of rent and can't be imposed until the rent is more than 5 days late. (Delaware)

⁶ Fee policy (including a statement of the maximum amount of late fees that may be charged) must be stated in the lease, and cannot exceed 5% of rent due or be imposed until rent is five days late (or later, if lease so provides). Landlord cannot evict for failure to pay late fee (may deduct unpaid fees from security deposit at end of tenancy). (District of Columbia)

⁷ Although there is no specific statute regarding late fees, Georgia law states that all contracts for rent bear interest from the time rent is due. (Georgia)

⁸ Late charge can't exceed 8% of the amount of rent due. (Hawaii)

⁹ When rent is $700 per month or less, late fees can't exceed $12 per day, or a total amount of $60 per month; when rent is more than $700 per month, fees can't exceed $20 per day or a total amount of $100 per month. (Iowa)

¹⁰ Late fees can't exceed 4% of the amount due for 30 days. Landlord must notify tenants, in writing, of any late fee at the start of the tenancy, and can't impose it until rent is 15 days late. (Maine)

¹¹ Late fees can't exceed 5% of the rent due. (Maryland)

¹² Late fees, including interest on late rent, may not be imposed until the rent is 30 days late. (Massachusetts)

¹³ Late fee policy must be agreed to in writing, and may not exceed 8% of the overdue rent payment. The "due date" for late fee purposes does not include a date earlier than the usual rent due date, by which date a tenant earns a discount. Landlords receiving rent assistance payments from the federal, state, or local governments must assess the fee only on the portion of rent payable by the tenant. (Minnesota)

¹⁴ A court will presume that there's no late fee provision unless it's included in a written rental agreement, but the landlord can offer evidence to overcome that presumption. Landlord may charge a reasonable late fee as set forth in the rental agreement, but it can't exceed 5% of the amount of the periodic rent, and the maximum amount of the late fee must not be increased based upon a late fee that was previously imposed. For tenancies that are longer than week-to-week, landlords can't charge a late fee until at least three calendar days after the rent due date. (Nevada)

¹⁵ Landlord can't demand an amount greater than the the whole rent owed when rent is late. (New Hampshire)

¹⁶ Landlord must wait 5 days before charging a late fee, but only when the premises are rented or leased by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions, or other governmental pensions in lieu of Social Security Old Age Pensions; or when rented by recipients of Social Security Disability Benefits, Supplemental Security Income, or benefits under Work First New Jersey. (New Jersey)

¹⁷ Late fee policy must be in the lease or rental agreement and may not exceed 10% of the rent specified per rental period. Landlord must notify the tenant of the landlord's intent to impose the charge no later than the last day of the next rental period immediately following the period in which the default occurred. (New Mexico)

¹⁸ Landlord must wait five days after the rent due date before imposing a late fee. A late fee may not be more than $50 or 5% of the rent, whichever is less. (New York)

¹⁹ Late fee when rent is due monthly can't be higher than $15 or 5% of the rental payment, whichever is greater (when rent is due weekly, may not be higher than $4.00 or 5% of the rent, whichever is greater); and may not be imposed until the rent is 5 calendar days late (the first day being the day after rent was due). A late fee may be imposed only one time for each late rental payment. A late fee for a specific late rental payment may not be deducted from a subsequent rental payment so as to cause the subsequent rental payment to be in default. (North Carolina)

²⁰ Late fees won't be enforced if a court finds that they are an "unconscionable penalty." (Ohio)

²¹ Reasonable late fees are allowed, but "per-day" or similar charges intended as penalties (rather than actual expenses) are invalid. (Oklahoma)

²² Landlord must wait 4 days after the rent due date before imposing a late fee, and must disclose the late fee policy in the rental agreement. A flat fee must be "reasonable." A daily late fee may not be more than 6% of a reasonable flat fee, and can't add up to more than 5% of the monthly rent. (Oregon)

²³ Landlord can't charge a late fee until the rent is 5 days late (the day rent is due is counted as the first day). If day five is a Sunday or legal holiday, landlord can't impose a fee if the rent is paid on the next business day. Fee can't exceed 10% of the amount past due. (Tennessee)

²⁴ Late fee provision must be included in a written lease and can't be imposed until the rent remains unpaid 2 full days after the date it's due. The fee must be reasonable: For properties that have 4 or fewer units, it can't be more than 12% of the rent; for properties that have more than 4 units, it can't be more than 10% of the rent; OR it must be related to the late payment of rent (such as expenses, costs, and overhead associated with the collection of late payment). Landlord may charge an initial fee and a daily fee for each day the rent is late--the combined fees are considered a single late fee. Tenants can ask landlords to provide statement of whether they owe late fees. (Texas)

²⁵ Late fees can't exceed the greater of 10% of the rent agreed to in the lease or rental agreement, or $75. The fee must be disclosed in the lease or rental agreement unless the lease or rental agreement is month-to-month and the landlord provides the renter a 15-day notice of the charge. (Utah)

²⁶ Landlords can't charge a tenant a late fee unless it is provided for in a written rental agreement or lease. No late charge shall exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due and owed by the tenant. (Virginia)

²⁷ Nonrefundable fees must be described in lease or rental agreement; otherwise, they will be considered to be deposits. Landlords may not impose late fees until the rent is more than 5 days late. The fee may begin as of the first day the rent is overdue, and landlords may serve a notice to pay rent or quit as soon as the rent is overdue. If tenants can demonstrate in writing that their primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement, landlords must adjust rental due date (to no more than 5 days after the date specified in the rental agreement). (Washington)

²⁸ Late fee policy must be in the rental agreement, landlord must first apply any prepaid rent (such as last month's rent) to the unpaid rent, and landlord may not charge a fee or impose a penalty for failure to pay the late rent fee. (Wisconsin)