Rent Late Fee Limits by State

We found a statutory late fee cap or required grace period in 20 jurisdictions. For the other 31 we did not find one, and the lease usually sets the figure. Every published figure below links to the official statute and carries the date it was verified.

Last updated: October 2026 · Figures verified November 7, 2026

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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.

StateStatutory late fee limitGrace periodStatute
ColoradoGreater of $50 or 5% of past-due rent7 daysC.R.S. § 38-12-105
ConnecticutLesser of $5/day (max $50) or 5% of rentRent must remain unpaid for nine days after the due date (four days for a one-week tenancy)Conn. Gen. Stat. § 47a-15a
Delaware5% of monthly rent5 days25 Del. C. § 5501
District of Columbia5% of the full rent due5 daysD.C. Code § 42-3505.31
Hawaii8% of the rent dueNone required by statuteHaw. Rev. Stat. § 521-21
IowaRent ≤ $700: $12/day or $60/mo. Rent > $700: $20/day or $100/moNone required by statuteIowa Code § 562A.9
Maine4% of one month's rent15 days14 M.R.S. § 6028
Maryland5% of the overdue rent (weekly: $3/payment, max $12/mo)None required by statuteMd. Real Prop. § 8-208
MassachusettsNo fee until rent is 30 days overdue30 daysM.G.L. ch. 186, § 15B
Minnesota8% of the overdue rent paymentNone required by statuteMinn. Stat. § 504B.177
Nevada5% of the periodic rent3 daysNev. Rev. Stat. § 118A.210
New Mexico5% of the rent for each period in defaultNone required by statuteN.M. Stat. § 47-8-15
New YorkLesser of $50 or 5% of monthly rent5 daysN.Y. Real Prop. Law § 238-a
North CarolinaGreater of $15 or 5% of monthly rent5 daysN.C. Gen. Stat. § 42-46
OregonReasonable flat fee, a daily fee up to 6% of it, or 5% of rent per 5-day period late4 days (a fee may apply from day 5)Or. Rev. Stat. § 90.260
Tennessee10% of the past-due rent5 daysTenn. Code § 66-28-201
TexasPresumed 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 dueTex. Prop. Code § 92.019
UtahGreater of 10% of rent or $75None required by statuteUtah Code § 57-22-4
VirginiaLesser of 10% of periodic rent or 10% of the balance dueNone set by statute for a written leaseVa. Code § 55.1-1204
WashingtonNo statutory percentage cap; 5-day grace required5 daysRCW 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.

JurisdictionWhat sets the late fee
AlabamaNo statewide cap found as of October 2, 2026; usually set by the lease
AlaskaNo statewide cap found as of October 2, 2026; usually set by the lease
ArizonaNo statewide cap found as of October 2, 2026; usually set by the lease
ArkansasNo statewide cap found as of October 2, 2026; usually set by the lease
CaliforniaNo statewide cap found as of October 2, 2026; usually set by the lease
FloridaNo statewide cap found as of October 2, 2026; usually set by the lease
GeorgiaNo statewide cap found as of October 2, 2026; usually set by the lease
IdahoNo statewide cap found as of October 2, 2026; usually set by the lease
IllinoisNo statewide cap found as of October 2, 2026; usually set by the lease
IndianaNo statewide cap found as of October 2, 2026; usually set by the lease
KansasNo statewide cap found as of October 2, 2026; usually set by the lease
KentuckyNo statewide cap found as of October 2, 2026; usually set by the lease
LouisianaNo statewide cap found as of October 2, 2026; usually set by the lease
MichiganNo statewide cap found as of October 2, 2026; usually set by the lease
MississippiNo statewide cap found as of October 2, 2026; usually set by the lease
MissouriNo statewide cap found as of October 2, 2026; usually set by the lease
MontanaNo statewide cap found as of October 2, 2026; usually set by the lease
NebraskaNo statewide cap found as of October 2, 2026; usually set by the lease
New HampshireNo statewide cap found as of October 2, 2026; usually set by the lease
New JerseyNo statewide cap found as of October 2, 2026; usually set by the lease
North DakotaNo statewide cap found as of October 2, 2026; usually set by the lease
OhioNo statewide cap found as of October 2, 2026; usually set by the lease
OklahomaNo statewide cap found as of October 2, 2026; usually set by the lease
PennsylvaniaNo statewide cap found as of October 2, 2026; usually set by the lease
Rhode IslandNo statewide cap found as of October 2, 2026; usually set by the lease
South CarolinaNo statewide cap found as of October 2, 2026; usually set by the lease
South DakotaNo statewide cap found as of October 2, 2026; usually set by the lease
VermontNo statewide cap found as of October 2, 2026; usually set by the lease
West VirginiaNo statewide cap found as of October 2, 2026; usually set by the lease
WisconsinNo statewide cap found as of October 2, 2026; usually set by the lease
WyomingNo 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.

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