Most states allow a late fee if the lease provides for it, but a growing number of states put limits on when it can be charged and how large it can be. Those limits come in two forms. A grace period bars any fee until rent is a set number of days overdue. A cap limits the fee, usually to a percentage of the monthly rent or a flat dollar amount.
In our data, 13 jurisdictions set a statutory grace period and 17 cap the fee as a percentage of rent, with 5% the most common figure. 20 states have no late-fee statute at all. Where no statute applies, the lease controls, but courts in many states still refuse to enforce a fee that is so large it works as a penalty rather than a fair estimate of the landlord’s cost of late payment.
The table lists each state’s grace period, percentage cap, and a short summary of the rule, linked to the statute. If your lease charges more than your state allows, the excess is usually unenforceable, and a tenant can raise it in writing or as a defense in an eviction case.
Key patterns across the states
- 13 of 51 jurisdictions set a statutory grace period; 6 of them use 5 days.
- 17 jurisdictions cap late fees as a percentage of rent; 10 set the cap at 5%, and the highest is 12%.
- 20 jurisdictions have no statute on late fees, so the lease and general contract law control.
- Not yet verified, so left out of these counts: late-fee rule: 7.
Late fee laws in all 50 states and D.C.
| State | Grace period | Percentage cap | Rule | Statute |
|---|---|---|---|---|
| Alabama | None in statute | No percentage cap | No statute | Ala. Code § 35-9A-421(b) (mentions late fees; no limit) Ala. Code Ch. 35-9A (no late-fee grace provision) Ala. Code Ch. 35-9A (no late-fee cap) |
| Alaska | None in statute | No percentage cap | No statute | AS 34.03 (no late-fee provision) |
| Arizona | None in statute | No percentage cap | Reasonable, if in written lease; no grace or cap | A.R.S. § 33-1368(B); cf. § 33-1414(A)(4), (C) A.R.S. § 33-1368(B) |
| Arkansas | None in statute | No percentage cap | No statute | Ark. Code Ann. § 18-17-301 (definition of rent includes late charges); no cap provision |
| California | None in statute | No percentage cap | No statute; must be a reasonable estimate of the landlord's actual loss | Cal. Civ. Code § 1671(c)(2), (d) Cal. Civ. Code § 1671 |
| Colorado | 7 days | 5% of rent | 7-day grace; max greater of $50 or 5% of past-due rent | C.R.S. § 38-12-105(1) C.R.S. § 38-12-105(1)(a) C.R.S. § 38-12-105(1)(b) |
| Connecticut | 9 days | 5% of rent | 9-day grace; max lesser of $5/day (up to $50) or 5% of the delinquent rent | Conn. Gen. Stat. § 47a-15a Conn. Gen. Stat. § 47a-15a(a) Conn. Gen. Stat. § 47a-15a(b) |
| Delaware | 5 days | 5% of rent | 5-day grace; max 5% of monthly rent | 25 Del. C. § 5501(d) |
| District of Columbia | 5 days | 5% of rent | 5-day grace; max 5% of rent | D.C. Code § 42-3505.31 D.C. Code § 42-3505.31(b)(2) D.C. Code § 42-3505.31(a) |
| Florida | None in statute | No percentage cap | No statute | Fla. Stat. ch. 83, part II; § 83.43 Fla. Stat. ch. 83, part II |
| Georgia | — | — | Not yet verified — see statute (O.C.G.A. § 44-7-50(c)) | — |
| Hawaii | None in statute | 8% of rent | Max 8% of rent due; no statutory grace period | Haw. Rev. Stat. § 521-21(f) Haw. Rev. Stat. § 521-21 |
| Idaho | None in statute | No percentage cap | Must be reasonable; no grace or % cap | Idaho Code § 55-305 Idaho Code § 55-305(1) |
| Illinois | None in statute | No percentage cap | No statute | none (765 ILCS 705 reviewed, incl. Sec. 35) none |
| Indiana | None in statute | No percentage cap | No statute | none |
| Iowa | None in statute | No percentage cap | Rent <=$700: max $12/day, $60/month; rent >$700: max $20/day, $100/month | Iowa Code § 562A.9(4) Iowa Code § 562A.9 (silent) |
| Kansas | None in statute | No percentage cap | No statute | none (K.S.A. 58-2545 and 58-2547 reviewed) |
| Kentucky | None in statute | No percentage cap | No statute | none (KRS 383.565 reviewed) none |
| Louisiana | — | — | — | — |
| Maine | 15 days | 4% of rent | 15-day grace; max 4% of one month's rent | 14 M.R.S. § 6028 |
| Maryland | None in statute | 5% of rent | No statutory grace period; max 5% of the rent due | Md. Code, Real Prop. § 8-208(d)(3) Md. Code, Real Prop. § 8-208 Md. Code, Real Prop. § 8-208(d)(3)(i) |
| Massachusetts | 30 days | No percentage cap | No fee until rent is 30 days late; no cap | Mass. Gen. Laws ch. 186, § 15B(1)(c) |
| Michigan | None in statute | No percentage cap | No statute | MCL 554.601 et seq.; 600.5714 |
| Minnesota | None in statute | 8% of rent | Must be in written lease; max 8% of overdue rent | Minn. Stat. § 504B.177 Minn. Stat. § 504B.177(a) |
| Mississippi | None in statute | No percentage cap | No statute | Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no late-fee provision) Miss. Code Ann. ch. 89-8 (no provision) |
| Missouri | — | — | — | — |
| Montana | — | — | — | — |
| Nebraska | — | — | — | — |
| Nevada | 3 days | 5% of rent | 3-day grace; max 5% of periodic rent | NRS 118A.210(4) NRS 118A.210(4)(a) NRS 118A.210(4)(b) |
| New Hampshire | — | — | — | — |
| New Jersey | None in statute | No percentage cap | No general cap; 5-business-day grace for seniors/benefit recipients | N.J.S.A. 2A:42-6.1 to -6.3 N.J.S.A. 2A:42-6.1 |
| New Mexico | None in statute | 5% of rent | Max 5% of rent per period; no grace period | N.M. Stat. Ann. § 47-8-15(D) (as amended 2025) N.M. Stat. Ann. § 47-8-15(D) N.M. Stat. Ann. § 47-8-15(D) (as amended by SB 267, Laws 2025, ch. 122) |
| New York | 5 days | 5% of rent | 5-day grace; max lesser of $50 or 5% of monthly rent | N.Y. Real Prop. Law § 238-a(2) |
| North Carolina | 5 days | 5% of rent | 5-day grace; greater of $15 or 5% of monthly rent | N.C. Gen. Stat. § 42-46(a) N.C. Gen. Stat. § 42-46(a)(1) |
| North Dakota | — | — | — | — |
| Ohio | None in statute | No percentage cap | No statute | Ohio Rev. Code ch. 5321 |
| Oklahoma | None in statute | No percentage cap | No statute | 41 O.S. §§ 101-136 |
| Oregon | 4 days | 5% of rent | Rent unpaid by end of 4th day; written lease required; max 5% per 5-day period, or reasonable flat fee | ORS 90.260(1)-(2) ORS 90.260(1)(a) ORS 90.260(2)(c) |
| Pennsylvania | None in statute | No percentage cap | No statute | Landlord and Tenant Act of 1951 |
| Rhode Island | None in statute | No percentage cap | No statute | R.I. Gen. Laws ch. 34-18; § 34-18-61 R.I. Gen. Laws ch. 34-18 |
| South Carolina | None in statute | No percentage cap | No statute | S.C. Code § 27-40-210(11) S.C. Code ch. 27-40 |
| South Dakota | None in statute | No percentage cap | No statute | SDCL ch. 43-32 |
| Tennessee | 5 days | 10% of rent | 5-day grace; max 10% of past-due rent | Tenn. Code Ann. § 66-28-201(d) Tenn. Code Ann. § 66-28-201(d) (Pub. Ch. 272, 2011) |
| Texas | 2 days | 12% of rent | Rent unpaid 2 full days; written lease; max 12% (1-4 units) or 10% (5+ units) | Tex. Prop. Code § 92.019 Tex. Prop. Code § 92.019(a)(3) Tex. Prop. Code § 92.019(a-1) |
| Utah | None in statute | 10% of rent | Max greater of 10% of rent or $75; no grace period | Utah Code § 57-22-4(5) Utah Code § 57-22-4(5)(a) |
| Vermont | None in statute | No percentage cap | No statute | 9 V.S.A. ch. 137 |
| Virginia | None in statute | 10% of rent | Must be in written lease; max lesser of 10% of rent or 10% of balance due | Va. Code § 55.1-1204(C), (E) Va. Code § 55.1-1204(C)(4)-(5) Va. Code § 55.1-1204(E) |
| Washington | 5 days | No percentage cap | 5-day grace; no % cap | RCW 59.18.170(2)-(3) RCW 59.18.170(2) RCW 59.18.170 |
| West Virginia | None in statute | No percentage cap | No statute | W. Va. Code § 37-6A-2(b)(1) W. Va. Code ch. 37, arts. 6, 6A |
| Wisconsin | None in statute | No percentage cap | No statute | Wis. Stat. § 704.17(1); ATCP 134 Wis. Stat. ch. 704 |
| Wyoming | None in statute | No percentage cap | No statute | W.S. title 1, ch. 21 |
How we compiled this
We checked every rule on this page against the statute itself in November 2026, reading each state’s own code site or an official state guide such as an attorney general’s tenant handbook. A cell shows a rule only when we confirmed it against one of those primary sources. Where we could not confirm a rule, the cell says “Not yet verified” and links the statute so you can read it yourself. Simplified table entries leave out exceptions, so read the linked statute before you rely on a number.
Laws change. Legislatures amend these sections often, and cities and counties can add their own rules on top of state law. Confirm the current text of the statute, or ask a local legal aid office, before you act on a deadline.
Frequently Asked Questions
Can a landlord charge a late fee the day after rent is due?
Only where no grace period applies. 13 jurisdictions require the landlord to wait a set number of days first; elsewhere the lease decides.
What is the maximum late fee a landlord can charge?
In the 17 jurisdictions with a percentage cap, it ranges up to 12% of the rent, and 5% is the most common cap. Some states use dollar limits instead, which the Rule column notes.
Does the late fee have to be in my lease?
Several state statutes allow a late fee only if a written lease provides for it. Even where the statute is silent, a landlord generally cannot invent a fee the lease does not mention.
Can I be evicted for not paying a late fee?
It depends on the state and the lease. Some states do not allow late fees to be treated as rent in an eviction for nonpayment. See rent late fees explained.
What should I do if my late fee seems too high?
Compare it with the statute in the table, then raise it with your landlord in writing. Our late fee checker tests a fee against your state rule.
Related guides and tools
This page is general information, not legal advice. For advice about your situation, talk to a licensed attorney or a local legal aid office. See our disclaimer.