Late fee limits are set by each state, not federal law. Only 17 of the 51 U.S. jurisdictions (50 states plus Washington, D.C.) cap late fees by statute; in the remaining 34 they simply must be reasonable and written into the lease. 13 states also require a grace period before any late fee can be charged.
Last updated · Verified against each state's official statute publisher
Every state name links to that state's full tenant-rights guide. Each row shows the statutory cap, grace period, lease requirement, and the exact statute.
| State | Statutory cap | Grace period | Must be in lease | Statute |
|---|---|---|---|---|
| Alabama | No statutory cap | No grace period is required by law. Before ending the lease for unpaid rent, the landlord must give written notice and 7 business days to pay | Required | Ala. Code §§ 35-9A-161, 35-9A-421(b) |
| Alaska | No statutory cap | No mandatory grace period | Required | Alaska Stat. ch. 34.03 (no late-fee provision) |
| American Samoa | No specific statutory cap — must be reasonable | No mandatory grace period | Required | A.S.C.A. § 1.0201(4) (reception of common law); no late-fee statute |
| Arizona | No statutory cap — a late fee must be reasonable and set out in a written rental agreement | No mandatory grace period | Required | Ariz. Rev. Stat. §§ 33-1368(B), 33-1377(F) |
| Arkansas | No statutory cap | No mandatory grace period | Required | Ark. Code § 18-17-401 |
| California | No statutory cap — a late fee in a home lease is only valid if actual losses from late rent would be very hard to calculate and the amount is a fair estimate of them | No mandatory grace period | Required | Cal. Civ. Code § 1671 |
| Colorado | Statutory cap$50 or 5% of the past-due rent, whichever is greater, in total for each late payment | 7-day grace periodNo late fee until rent is at least 7 calendar days late. The fee must be in your lease, and you cannot be evicted for unpaid late fees. | Required | Colo. Rev. Stat. § 38-12-105(1) |
| Connecticut | Statutory capLesser of $5/day (up to $50) or 5% of the delinquent rent (the tenant's share if rent is subsidized); one late fee per late payment | 9-day grace periodNo late fee unless rent is still unpaid 9 days after the due date (4 days for week-to-week rentals). Each period is extended by 5 more days for any week or month in which the landlord's online rent-payment system prevents paying rent when due. | Required | Conn. Gen. Stat. §§ 47a-15a, 47a-4(a)(8)-(9) |
| Delaware | Statutory cap5% of monthly rent | 5-day grace periodNo late fee within 5 days of the due date. If the landlord has no place in the tenant's county to pay rent in person, the due date moves 3 days later | Required | Del. Code tit. 25, § 5501(d) |
| District of Columbia | Statutory cap5% of the rent due | 5-day grace periodNo late fee until rent is 5 days late | Required | D.C. Code § 42-3505.31 |
| Florida | No statutory cap | No mandatory grace period | Required | None (Fla. Stat. ch. 83, Part II has no late-fee provision) |
| Georgia | No statutory cap | No grace period, but before filing for eviction the landlord must give 3 business days to pay the rent and late fees owed | Required | O.C.G.A. § 44-7-50(c) (no cap) |
| Guam | No specific statutory cap — must be reasonable | No mandatory grace period | Required | 21 GCA ch. 48 (Guam Landlord and Tenant Rental Act of 2018); 18 GCA §§ 88103-88104 |
| Hawaii | Statutory cap8% of the amount of rent due | No mandatory grace period | Required | Haw. Rev. Stat. § 521-21 |
| Idaho | No statutory cap — late fees must be reasonable and no higher than the lease states; a new or higher fee in a written lease needs 30 days' written notice | No mandatory grace period | Required | Idaho Code § 55-305 |
| Illinois | No statutory cap statewide | No statewide grace period. In a mobile home park, no late fee until rent is more than 5 days late. | Required | None statewide (765 ILCS 705–755); mobile home parks: 765 ILCS 745/12(a) |
| Indiana | No statutory cap | No mandatory grace period | Required | None (IC 32-31 has no late-fee provision) |
| Iowa | Statutory capRent ≤$700: $12/day max $60 total. Rent >$700: $20/day max $100 total | No mandatory grace period | Required | Iowa Code § 562A.9(4) |
| Kansas | No statutory cap | No mandatory grace period | Required | Kan. Stat. § 58-2545 |
| Kentucky | No statutory cap | No mandatory grace period | Required | Ky. Rev. Stat. § 383.565 |
| Louisiana | No statutory cap — a late fee is an agreed penalty in the lease, and a court can reduce it only if it is manifestly unreasonable | No mandatory grace period | Required | La. Civ. Code arts. 2005, 2012 (no residential late-fee statute) |
| Maine | Statutory cap4% of monthly rent | 15-day grace periodRent is not late until 15 days after the due date, and the tenant must have been told in writing at signing that a fee could be charged | Required | Me. Rev. Stat. tit. 14, § 6028 |
| Maryland | Statutory cap5% of the unpaid rent due for the delinquent rental period; weekly rent: $3 per week and $12 per month | Maryland law does not require a grace period. A lease or county ordinance may give one. | Required | Md. Code, Real Prop. § 8-208(d)(3) |
| Massachusetts | No statutory cap — but effectively cannot charge late fees until rent is 30 days overdue | 30-day grace periodNo late fee or interest until rent is 30 days overdue | Required | Mass. Gen. Laws ch. 186, § 15B |
| Michigan | No statutory cap — must be reasonable | No mandatory grace period | Required | No Michigan late-fee statute (Truth in Renting Act, MCL 554.631–.641, searched) |
| Minnesota | Statutory cap8% of the overdue rent payment (the tenant's share if rent is subsidized) | No mandatory grace period | Required | Minn. Stat. § 504B.177 |
| Mississippi | No statutory cap | No mandatory grace period | Required | Miss. Code § 89-8-7(k) (late fees only as agreed in the lease) |
| Missouri | No statutory cap | No mandatory grace period | Required | No Missouri late-fee statute (RSMo ch. 441, 535 searched) |
| Montana | No statutory cap | No mandatory grace period | Required | MCA 70-24-103(14) (late fees only as agreed) |
| Nebraska | No statutory cap | No mandatory grace period | Required | Neb. Rev. Stat. § 76-1414 |
| Nevada | Statutory cap5% of periodic rent | 3-day grace periodFor monthly or longer tenancies, no late fee until 3 calendar days after the due date. Week-to-week tenancies get no grace period. | Required | NRS 118A.210(4) |
| New Hampshire | No statutory cap — late fees must be set in the rental agreement and may not be unconscionable or punitive (general reasonableness standard) | No grace period is required for apartments or houses. In a manufactured housing park, no late fee if rent is paid in full within 7 calendar days. | Required | RSA chapter 540 (no specific late-fee statute) |
| New Jersey | No statutory cap | No general statutory grace period; a 5-business-day grace period is required by statute only for senior citizens receiving Social Security Old Age/Railroad Retirement/other governmental pensions in lieu of Social Security, and for recipients of SSDI, SSI, or Work First NJ benefits (N.J.S.A. 2A:42-6.1 & 2A:42-6.3). | Required | N.J. Stat. § 2A:42-6.1 |
| New Mexico | Statutory cap5% of the base rent for each rental period in default (not deposits, fees or utilities) | No mandatory grace period | Required | N.M. Stat. § 47-8-15(D) |
| New York | Statutory cap$50 or 5% of monthly rent, whichever is less | 5-day grace periodNo late fee unless rent is still unpaid 5 days after the due date | Required | N.Y. Real Prop. Law § 238-a |
| North Carolina | Statutory cap$15 or 5% of the monthly rent, whichever is greater ($4 or 5% for weekly rent); one fee per late payment; the tenant's share if rent is subsidized | 5-day grace periodNo late fee until rent is 5 calendar days late, counting from the day after it was due. | Required | N.C. Gen. Stat. § 42-46 |
| North Dakota | No statutory cap for ordinary rentals (mobile home parks: 10% of monthly rent plus up to $5 a day) | No mandatory grace period | Required | N.D. Cent. Code ch. 47-16 (general residential); § 47-10-28(11) (mobile home parks) |
| Northern Mariana Islands | No specific statutory cap — must be reasonable | No mandatory grace period | Required | 2 CMC §§ 40201-40210 (Holdover Tenancy Act, no late-fee provision) |
| Ohio | No statutory cap — must be reasonable | No mandatory grace period | Required | Ohio Rev. Code ch. 5321 (no late-fee provision) |
| Oklahoma | No statutory cap | No mandatory grace period | Required | 15 O.S. §§ 213-215 |
| Oregon | 5% of the periodic rent for each 5-day period rent stays unpaid from day 5 of the rental period; or a reasonable one-time flat fee (the customary amount in that rental market); or a daily fee from day 5 of no more than 6% of that flat fee | 4-day grace periodNo late fee unless rent is still unpaid after the 4th day of the rental period. | Required | Or. Rev. Stat. § 90.260 |
| Pennsylvania | No statutory cap | No mandatory grace period | Required | 68 P.S. § 250.101 et seq. (no late-fee provision) |
| Puerto Rico | No statutory cap. A late fee agreed in the lease is a penalty clause that a court enforces as written and may reduce only for extreme economic disproportion | No mandatory grace period | Required | Código Civil de Puerto Rico (Ley 55-2020), Art. 1257 (31 LPRA § 9832); Art. 1169 (31 LPRA § 9333) |
| Rhode Island | No statutory cap | Rhode Island law sets no late-fee grace period (the 15 days in § 34-18-35 concern eviction demands) | Required | R.I. Gen. Laws § 34-18-15(a) |
| South Carolina | No statutory cap | No mandatory grace period | Required | S.C. Code § 27-40-310 |
| South Dakota | No statutory cap | No mandatory grace period | Required | SDCL § 43-32-12 |
| Tennessee | Statutory cap10% of the rent amount that is past due | 5-day grace periodFive-day grace period that counts the due date: rent due on the 1st can get a late fee starting the 6th, or later if the 5th is a Sunday or holiday and rent is paid the next business day. | Required | Tenn. Code § 66-28-201(d) |
| Texas | Statutory capNo hard cap. A late fee is considered reasonable if it is not more than 12% of monthly rent (structure with 4 or fewer dwelling units) or 10% (structure with more than 4 dwelling units), or if it is higher but not more than the landlord's uncertain damages from the late payment. Initial and daily charges together count as a single late fee. | 2-day grace periodRent must be unpaid for 2 full days after the due date before a late fee can be charged (§ 92.019). | Required | Tex. Prop. Code § 92.019 |
| US Virgin Islands | No statutory cap found | No statutory grace period found | Required | 28 V.I.C. ch. 31 (landlord-tenant chapter); no late-fee statute |
| Utah | Statutory capGreater of 10% of periodic rent or $75 | Utah law sets no grace period | Required | Utah Code § 57-22-4(5) |
| Vermont | No statutory cap | No mandatory grace period | Required | 9 V.S.A. ch. 137 (no late-fee provision) |
| Virginia | Statutory capLesser of 10% of periodic rent or 10% of the remaining balance due | Virginia law sets no grace period for written leases. | Required | Va. Code § 55.1-1204(E) |
| Washington | No statutory cap | 5-day grace periodNo late fee if rent is paid within 5 days after the due date. After that, fees can be counted from the day after the due date. | Required | Wash. Rev. Code § 59.18.170 |
| West Virginia | No statutory cap | No mandatory grace period | Required | W. Va. Code ch. 37, art. 6 (no late-fee cap) |
| Wisconsin | No statewide dollar or percent cap — the fee must be in the rental agreement, and there can be no fee for not paying a late fee | No mandatory statewide grace period | Required | Wis. Admin. Code ATCP 134.09(8) |
| Wyoming | No statutory cap | No mandatory grace period | Required | Wyo. Stat. §§ 1-21-1201 through 1-21-1211 (no late-fee provision) |
A “Statutory cap” means the state sets a legal maximum in the cited statute; the rest require only that the fee be reasonable and written into the lease. “No mandatory grace period” means the state sets no fixed number of days, so the lease governs. Local ordinances can add stricter caps or grace periods. Verified July 2, 2026 against each state's official statute publisher.
Only 17 of the 51 jurisdictions in the table cap residential late fees by statute — commonly a percentage of the rent (often 5%) or a set dollar amount, whichever the law specifies. In the other 34, there is no statutory ceiling: the fee simply has to be a reasonable estimate of the landlord's costs, and courts can strike down fees that function as a penalty. Whichever applies, the fee must be written into your lease to be enforceable. The exact rule for your state appears in the "Statutory cap" column.
A grace period is the number of days rent can be late before a fee can be charged at all. 13 states set a mandatory grace period by statute — ranging from a few days to 30 days in the most protective states — while the rest leave it to the lease. A grace period is separate from a cap: a state can require one without capping the fee, or cap the fee without requiring a grace period. The "Grace period" column lists each state's rule.
Even where no statute sets a number, a late fee is only enforceable if it is written into the rental agreement and is not punitive. Fees far above the landlord's actual costs — often anything beyond roughly 5–10% of the rent — are frequently challenged as unlawful penalties. In capped states, any fee above the statutory limit is void for the excess. Local ordinances can add stricter caps or grace periods on top of state law, so always check your city's rules too.
It depends on the state. Only 17 of the 51 U.S. jurisdictions (50 states plus Washington, D.C.) set a statutory maximum — usually a percentage of the rent or a fixed dollar amount. In the other 34 there is no statutory cap, and the fee only has to be reasonable and stated in the lease. Find your state in the table for its exact limit.
17 jurisdictions cap residential late fees by statute: Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Iowa, Maine, Maryland, Minnesota, Nevada, New Mexico, New York, North Carolina, Tennessee, Texas, Utah, Virginia. Each sets its own limit — some use a percentage of the rent, others a dollar figure or a per-day schedule. See the "Statutory cap" column for the precise rule and statute in each of these states.
In 13 states, yes — statute requires a set number of days to pass before any late fee can be charged, ranging from a few days to 30 days in the most protective states. Everywhere else there is no mandatory statewide grace period, so the lease governs. Check the "Grace period" column for your state, and note that some cities add their own grace-period rules.
Yes. Across every state, a late fee is only enforceable if it is written into the rental agreement — a landlord cannot invent one after the fact. Beyond that, the fee must be reasonable (or within the statutory cap where one exists). The "Must be in lease" column confirms this requirement applies in your state.
No. There is no federal statute setting late fee limits or grace periods for residential rent — these are governed entirely by state (and sometimes city) law, which is why they vary so widely across the 51 jurisdictions in the table. Federal law only enters through general protections like the Fair Housing Act and the Servicemembers Civil Relief Act.
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