Residential late fee rules fall into two groups. Some states write an explicit ceiling into their code — a percentage of rent, a flat dollar amount, or a mandatory grace period before any fee applies. In the rest, we did not find a statewide figure, and the lease usually supplies it.
Select a jurisdiction below for its rule, a calculator pre-filled with it, and what a fee at that level costs across common rent levels.
States With a Statutory Cap or Mandatory Grace Period
Each figure below is quoted from the state's statute and links to the official code. Verified as of November 7, 2026. Laws change — the link goes to the current text.
| State | Statutory late fee limit | Grace period | Statute |
|---|---|---|---|
| Colorado | Greater of $50 or 5% of past-due rent | 7 days | C.R.S. § 38-12-105 |
| Connecticut | Lesser of $5/day (max $50) or 5% of rent | Rent must remain unpaid for nine days after the due date (four days for a one-week tenancy) | Conn. Gen. Stat. § 47a-15a |
| Delaware | 5% of monthly rent | 5 days | 25 Del. C. § 5501 |
| District of Columbia | 5% of the full rent due | 5 days | D.C. Code § 42-3505.31 |
| Hawaii | 8% of the rent due | None required by statute | Haw. Rev. Stat. § 521-21 |
| Iowa | Rent ≤ $700: $12/day or $60/mo. Rent > $700: $20/day or $100/mo | None required by statute | Iowa Code § 562A.9 |
| Maine | 4% of one month's rent | 15 days | 14 M.R.S. § 6028 |
| Maryland | 5% of the overdue rent (weekly: $3/payment, max $12/mo) | None required by statute | Md. Real Prop. § 8-208 |
| Massachusetts | No fee until rent is 30 days overdue | 30 days | M.G.L. ch. 186, § 15B |
| Minnesota | 8% of the overdue rent payment | None required by statute | Minn. Stat. § 504B.177 |
| Nevada | 5% of the periodic rent | 3 days | Nev. Rev. Stat. § 118A.210 |
| New Mexico | 5% of the rent for each period in default | None required by statute | N.M. Stat. § 47-8-15 |
| New York | Lesser of $50 or 5% of monthly rent | 5 days | N.Y. Real Prop. Law § 238-a |
| North Carolina | Greater of $15 or 5% of monthly rent | 5 days | N.C. Gen. Stat. § 42-46 |
| Oregon | Reasonable flat fee, a daily fee up to 6% of it, or 5% of rent per 5-day period late | 4 days (a fee may apply from day 5) | Or. Rev. Stat. § 90.260 |
| Tennessee | 10% of the past-due rent | 5 days | Tenn. Code § 66-28-201 |
| Texas | Presumed reasonable if ≤ 12% (≤ 4 units) or ≤ 10% (> 4 units) | Any portion of the rent must remain unpaid two full days after the date it was originally due | Tex. Prop. Code § 92.019 |
| Utah | Greater of 10% of rent or $75 | None required by statute | Utah Code § 57-22-4 |
| Virginia | Lesser of 10% of periodic rent or 10% of the balance due | None set by statute for a written lease | Va. Code § 55.1-1204 |
| Washington | No statutory percentage cap; 5-day grace required | 5 days | RCW 59.18.170 |
States Where the Lease Sets the Figure
As of October 2, 2026, we did not find a statewide cap on residential late fees in these jurisdictions. Other limits can still apply, such as a city or county ordinance or general contract law. Laws change, so check the state page and its linked code.
| Jurisdiction | What sets the late fee |
|---|---|
| Alabama | No statewide cap found as of October 2, 2026; usually set by the lease |
| Alaska | No statewide cap found as of October 2, 2026; usually set by the lease |
| Arizona | No statewide cap found as of October 2, 2026; usually set by the lease |
| Arkansas | No statewide cap found as of October 2, 2026; usually set by the lease |
| California | No statewide cap found as of October 2, 2026; usually set by the lease |
| Florida | No statewide cap found as of October 2, 2026; usually set by the lease |
| Georgia | No statewide cap found as of October 2, 2026; usually set by the lease |
| Idaho | No statewide cap found as of October 2, 2026; usually set by the lease |
| Illinois | No statewide cap found as of October 2, 2026; usually set by the lease |
| Indiana | No statewide cap found as of October 2, 2026; usually set by the lease |
| Kansas | No statewide cap found as of October 2, 2026; usually set by the lease |
| Kentucky | No statewide cap found as of October 2, 2026; usually set by the lease |
| Louisiana | No statewide cap found as of October 2, 2026; usually set by the lease |
| Michigan | No statewide cap found as of October 2, 2026; usually set by the lease |
| Mississippi | No statewide cap found as of October 2, 2026; usually set by the lease |
| Missouri | No statewide cap found as of October 2, 2026; usually set by the lease |
| Montana | No statewide cap found as of October 2, 2026; usually set by the lease |
| Nebraska | No statewide cap found as of October 2, 2026; usually set by the lease |
| New Hampshire | No statewide cap found as of October 2, 2026; usually set by the lease |
| New Jersey | No statewide cap found as of October 2, 2026; usually set by the lease |
| North Dakota | No statewide cap found as of October 2, 2026; usually set by the lease |
| Ohio | No statewide cap found as of October 2, 2026; usually set by the lease |
| Oklahoma | No statewide cap found as of October 2, 2026; usually set by the lease |
| Pennsylvania | No statewide cap found as of October 2, 2026; usually set by the lease |
| Rhode Island | No statewide cap found as of October 2, 2026; usually set by the lease |
| South Carolina | No statewide cap found as of October 2, 2026; usually set by the lease |
| South Dakota | No statewide cap found as of October 2, 2026; usually set by the lease |
| Vermont | No statewide cap found as of October 2, 2026; usually set by the lease |
| West Virginia | No statewide cap found as of October 2, 2026; usually set by the lease |
| Wisconsin | No statewide cap found as of October 2, 2026; usually set by the lease |
| Wyoming | No statewide cap found as of October 2, 2026; usually set by the lease |
Common Questions
Which states cap rent late fees?
Twenty jurisdictions set an explicit statutory ceiling or a mandatory grace period: Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia and Washington. These are as of November 7, 2026, with each statute linked in the table. For the other states we did not find a statewide cap, and the amount usually comes from the lease. Laws change, so check the current statute.
What is a typical rent late fee?
Among the capped states in the table, most percentage limits fall between 4% and 10% of rent. Maine is at 4%, and Tennessee, Utah and Virginia are at 10%. New York uses the lesser of $50 or 5% of monthly rent. These are as of November 7, 2026; each statute is linked in the table, and laws change.
Does a grace period have to be in the lease to apply?
It depends on the state. Some statutes set a waiting period before a fee can be charged, such as Massachusetts (30 days), Maine (15 days) and Colorado (7 days), as of November 7, 2026 (see the table for each statute). Where the statute does not, a grace period usually comes from the lease.
Do these caps apply to commercial leases?
The caps on this page are residential landlord-tenant rules. Commercial late fees are usually set by negotiation, so check the lease.