Late Rent Fees: a State-by-State Guide

Most landlords charge late fees if a tenant doesn’t provide their rent payment in a timely fashion. Usually, late rent fees are designed to incentivize on-time payment while also compensating the landlord for any hardships they experience when a tenant doesn’t pay by the due date.

Depending on where you live, state laws may set limits on your maximum late fees. This provides tenants with a degree of protection, ensuring that landlords aren’t charging an unreasonable amount.

However, not all states have hard-and-fast numbers. Some may simply require that the landlord include the late rent fee amount in the lease. Other states have mandates stating that late rent fees have to be “reasonable,” though they don’t necessarily define what “reasonable” means.

If you’re curious about late rent fees in your state, including what the limits are, if any are in place, here’s what you need to know.

Late Rent Fees by State

StateMaximum Late FeeGrace Period
AlabamaNo laws regarding late feesNo state-mandated grace period
AlaskaNo limit, but must be agreed upon, such as by being listed in the leaseNo state-mandated grace period
ArizonaMust be reasonable and in the leaseNo state-mandated grace period
ArkansasNo limit, but must be in the lease5 days
CaliforniaMust be reasonable and in the leaseNo state-mandated grace period
ColoradoNo limit, but must be in the leaseNo state-mandated grace period
ConnecticutMust be reasonable and in the lease9 days
Delaware5 % of the rent amountNo state-mandated grace period
District of Columbia5 % of the rent amount5 days
FloridaNo limit, but must be in the leaseNo state-mandated grace period
GeorgiaNo limit, but must be in the leaseNo state-mandated grace period
HawaiiNo limit, but must be in the leaseNo state-mandated grace period
IdahoNo limit, but must be in the leaseNo state-mandated grace period
IllinoisNo laws regarding late feesNo state-mandated grace period
IndianaNo limit, but must be in the leaseNo state-mandated grace period
Iowa$60 to $100, depending on the rent amountNo state-mandated grace period
KansasNo laws regarding late feesNo state-mandated grace period
KentuckyNo limit, but must be in the leaseNo state-mandated grace period
LouisianaNo limit, but must be in the leaseNo state-mandated grace period
Maine4 % of the past due amount15 days
Maryland5 % of the amount owedNo state-mandated grace period
MassachusettsNo limit, but must be in the lease30 days for late fees, though evictions can begin immediately
MichiganNo limit, but must be in the leaseNo state-mandated grace period
Minnesota8 % of the rent amountNo state-mandated grace period
MississippiNo limit, but must be in the leaseNo state-mandated grace period
MissouriNo laws regarding late feesNo state-mandated grace period
MontanaNo laws regarding late feesNo state-mandated grace period
NebraskaNo limit, but must be in the leaseNo state-mandated grace period
Nevada5 % of the rent amountNo state-mandated grace period
New HampshireNo laws regarding late feesNo state-mandated grace period
New JerseyNo laws outlining late fee size5 days (only for protected classes)
New Mexico10 % of the rent amountNo state-mandated grace period
New York$50 or 5 % of rent amount, whichever is less5 days
North Carolina$15 or 5 % of the rent, whichever is greater5 days
North DakotaNo limit, but must be in the leaseNo state-mandated grace period
OhioMust be reasonable and in the leaseNo state-mandated grace period
OklahomaMust be reasonable and in the lease5 days (14 days for public housing)
Oregon5 % of the rent amount4 days
PennsylvaniaNo laws regarding late feesNo state-mandated grace period
Rhode IslandNo laws outlining late fee size15 days
South CarolinaNo laws regarding late feesNo state-mandated grace period
South DakotaNo laws regarding late feesNo state-mandated grace period
Tennessee10 % of the past due amount5 days
Texas12 % of the rent amount1 day
UtahNo laws regarding late feesNo state-mandated grace period
VermontNo laws regarding late feesNo state-mandated grace period
Virginia10 % of the amount due5 days
WashingtonMust be reasonable and in the leaseNo state-mandated grace period
West VirginiaMust be reasonable and in the leaseNo state-mandated grace period
WisconsinNo limit, but must be in the leaseNo state-mandated grace period
WyomingNo limit, but must be in the leaseNo state-mandated grace period

It’s important to note that, like all laws, regulations around late rent fees can change over time. As a result, it is wise to stay vigilant, regularly checking to see if there is an update that may impact you moving forward.