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 PeriodAlabamaNo laws regarding late feesNo state-mandated grace periodAlaskaNo limit, but must be agreed upon, such as by being listed in the leaseNo state-mandated grace periodArizonaMust be reasonable and in the leaseNo state-mandated grace periodArkansasNo limit, but must be in the lease5 daysCaliforniaMust be reasonable and in the leaseNo state-mandated grace periodColoradoNo limit, but must be in the leaseNo state-mandated grace periodConnecticutMust be reasonable and in the lease9 daysDelaware5 % of the rent amountNo state-mandated grace periodDistrict of Columbia5 % of the rent amount5 daysFloridaNo limit, but must be in the leaseNo state-mandated grace periodGeorgiaNo limit, but must be in the leaseNo state-mandated grace periodHawaiiNo limit, but must be in the leaseNo state-mandated grace periodIdahoNo limit, but must be in the leaseNo state-mandated grace periodIllinoisNo laws regarding late feesNo state-mandated grace periodIndianaNo limit, but must be in the leaseNo state-mandated grace periodIowa$60 to $100, depending on the rent amountNo state-mandated grace periodKansasNo laws regarding late feesNo state-mandated grace periodKentuckyNo limit, but must be in the leaseNo state-mandated grace periodLouisianaNo limit, but must be in the leaseNo state-mandated grace periodMaine4 % of the past due amount15 daysMaryland5 % of the amount owedNo state-mandated grace periodMassachusettsNo limit, but must be in the lease30 days for late fees, though evictions can begin immediatelyMichiganNo limit, but must be in the leaseNo state-mandated grace periodMinnesota8 % of the rent amountNo state-mandated grace periodMississippiNo limit, but must be in the leaseNo state-mandated grace periodMissouriNo laws regarding late feesNo state-mandated grace periodMontanaNo laws regarding late feesNo state-mandated grace periodNebraskaNo limit, but must be in the leaseNo state-mandated grace periodNevada5 % of the rent amountNo state-mandated grace periodNew HampshireNo laws regarding late feesNo state-mandated grace periodNew JerseyNo laws outlining late fee size5 days (only for protected classes)New Mexico10 % of the rent amountNo state-mandated grace periodNew York$50 or 5 % of rent amount, whichever is less5 daysNorth Carolina$15 or 5 % of the rent, whichever is greater5 daysNorth DakotaNo limit, but must be in the leaseNo state-mandated grace periodOhioMust be reasonable and in the leaseNo state-mandated grace periodOklahomaMust be reasonable and in the lease5 days (14 days for public housing)Oregon5 % of the rent amount4 daysPennsylvaniaNo laws regarding late feesNo state-mandated grace periodRhode IslandNo laws outlining late fee size15 daysSouth CarolinaNo laws regarding late feesNo state-mandated grace periodSouth DakotaNo laws regarding late feesNo state-mandated grace periodTennessee10 % of the past due amount5 daysTexas12 % of the rent amount1 dayUtahNo laws regarding late feesNo state-mandated grace periodVermontNo laws regarding late feesNo state-mandated grace periodVirginia10 % of the amount due5 daysWashingtonMust be reasonable and in the leaseNo state-mandated grace periodWest VirginiaMust be reasonable and in the leaseNo state-mandated grace periodWisconsinNo limit, but must be in the leaseNo state-mandated grace periodWyomingNo 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.