50-State Surveys › Late Rent Fee Limits by State
Late Rent Fee Limits by State
Can your landlord charge a late fee when rent is overdue, how much can it be, and how many days' grace must pass before it applies?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-07-20
What this survey covers
A lawful late fee can turn on more than one number. Some states cap the fee at a flat percentage of a month's rent; some allow a fee only after a set grace period; some require the fee to be written into the lease before a landlord can collect it; and others state no dollar figure and instead use a general validity standard. This survey puts those separate questions into one comparable table for an ordinary residential tenancy.
Each state page tells you whether a late fee is allowed, the largest fee the state permits, how many days of grace must pass first, whether the fee has to be in your lease, whether it may be charged once or day after day, what the fee is measured against, any related fees the same statute allows, and what you can do if the fee is unlawful. Where a state has no late-fee statute, the page says so plainly and explains what actually governs the amount.
How to read the table
Start with the "Maximum late fee" column, then read it together with the "Grace period" and "Lease or notice requirement" columns: a fee within the cap can still be unlawful if it was charged too early or was never disclosed in the lease. The "One-time or recurring" column matters where a landlord tries to add a fee every day rent is late. The "Calculated on" column separates a percentage of the whole month's rent from a percentage of only the overdue balance, and flags subsidized tenancies where only the tenant's share counts. "Related fees & carve-outs" shows the other charges the same statute permits or excludes. Click a state for the verbatim statutory text, official links, and the date the law was last checked.
Patterns across the states
Most states do not set a numeric residential late-fee ceiling. In those states, the rental agreement supplies the amount, while a general unconscionability, liquidated-damages, or penalty rule may still make an excessive charge unenforceable. Eighteen states use a numeric formula. The formulas vary sharply: some use a flat percentage, some use the greater or lesser of a dollar amount and a percentage, Iowa permits a daily amount subject to a monthly ceiling, Texas changes its safe harbor by building size, and Oregon lets the landlord choose among three statutory structures.
A statutory fee grace period is also the minority rule. Massachusetts bars a fee or interest for 30 days, Maine waits 15 days, and several states use windows from two to nine days. New Jersey's five-business-day rule protects only listed public-benefit recipients, Virginia's five-day default applies when the landlord did not offer a written agreement, and Tennessee's cap and grace rule apply only in counties covered by its Uniform Residential Landlord and Tenant Act. In most states, an eviction notice or pay-or-quit period is a separate clock and does not delay an agreed late fee.
Disclosure and accrual rules are independent of the cap. Some states require a written lease term or a separate written notice; others recognize oral rental agreements and add no late-fee-specific writing rule. Colorado, Connecticut, the District of Columbia, and North Carolina expressly restrict repeated or stacked charges, while most states leave recurrence to the agreement. Remedies range from ordinary nonenforcement to stronger statutory relief: Texas allows $100 plus three times the fee collected and attorney's fees, Colorado supplies penalties and fee shifting after notice and an opportunity to cure, and many states provide no late-fee-specific multiplier at all.
Coverage boundaries create recurring traps. Self-storage, manufactured-home parks, subsidized tenancies, and local rent-board rules may use different caps or grace periods. A number printed in one of those neighboring statutes is not the statewide rule for an ordinary apartment or house.
Get this answered for your state
This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law | Maximum late fee | Grace period | Lease or notice requirement | One-time or recurring | Calculated on | Related fees & carve-outs | If the fee is unlawful |
|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-20 | Ala. Code §§ 35-9A-141(13), 35-9A-143, 35-9A-161, and 35-9A-421(b) — agreement terms govern, subject to unconscionability |
No numeric statewide cap; the rental agreement supplies the amount, but a court may refuse an unconscionable provision (§ 35-9A-143) |
None stated for a late fee; § 35-9A-421(b)'s 7-business-day period governs cure before lease termination, not fee timing |
No separate late-fee writing rule; a rental agreement may be written or oral (§ 35-9A-141(13)) |
No statutory one-time, daily, recurring, or stacking rule; the rental agreement supplies the structure |
No statutory flat-fee, rent-percentage, or unpaid-balance formula |
A nonpayment termination notice may state rent and any late fees owed (§ 35-9A-421(b)); no separate related-fee schedule |
No late-fee-specific refund or multiplier; a court may refuse or limit an unconscionable provision (§ 35-9A-143) |
| Alaska verified 2026-07-20 | No residential late-fee statute. Alaska's Uniform Residential Landlord and Tenant Act (AS 34.03.010–34.03.380) does not cap a late fee, set a grace period, or require disclosure; the lease and general contract law govern, and AS 34.03.040 makes certain lease terms unenforceable |
No statutory cap — nothing in the Act limits a late fee; the amount is a lease term, bounded only by the general contract-law rule against an unreasonable penalty |
None stated — the Act sets no grace period before a late fee attaches; the 7-day notice for unpaid rent (AS 34.03.220(b)) is an eviction step, not a late-fee grace period. Any grace comes only from the lease |
No statutory disclosure rule for late fees; a late fee is a lease term, collectible only if the rental agreement provides for it |
No statutory rule; the lease decides whether a late fee is one-time or recurring |
No statutory rule; whatever base the lease sets (full rent, the unpaid balance, or a flat amount) |
No late-fee or returned-check fee in the Act. AS 34.03.040(a) makes several lease terms unenforceable — including one requiring the tenant to pay the landlord's attorney fees (AS 34.03.040(a)(4)) — so a late-fee clause cannot be bundled with a tenant-pays-landlord's-attorney-fees term |
No statutory late-fee penalty; an excessive fee is challenged under general contract law as an unenforceable penalty. Separately, if a lease contains a provision prohibited by AS 34.03.040(a) and the landlord willfully uses it, the tenant may recover actual damages (AS 34.03.040(b)) |
| Arizona verified 2026-07-20 | A.R.S. § 33-1368(B) — ordinary residential reinstatement rule recognizes a reasonable late fee stated in a written rental agreement |
No dollar or percentage stated; § 33-1368(B) uses a reasonableness standard |
None stated for the fee; the five days in § 33-1368(B) follow written nonpayment notice and govern termination filing, not fee attachment |
To be included in the statutory reinstatement tender, the late fee must be set forth in a written rental agreement (§ 33-1368(B)) |
Not specified; § 33-1368(B) states no one-time or daily formula |
No rent percentage, unpaid-balance base, or other formula stated |
No related fee in § 33-1368; a separate $5-per-day/five-day rule governs mobile-home parks under §§ 33-1401 and 33-1414, outside this survey |
No late-fee-specific damages stated; a court may refuse, sever, or limit a rental-agreement provision it finds unconscionable (§ 33-1312) |
| Arkansas verified 2026-07-20 | Ark. Code §§ 18-17-301(10)-(11), 18-17-401, and 18-17-103 — residential rent/agreement definitions, permissible terms, and general enforcement; no residential late-fee-specific section |
No dollar, percentage, or reasonableness cap stated for an ordinary residential late charge in Chapter 18-17 |
None stated for a late fee; the 5-day periods in §§ 18-17-701(b) and 18-17-901(b) concern lease termination and the right to begin eviction |
No separate writing or notice precondition stated; a rental agreement may be written or oral (§ 18-17-301(11)) |
Not addressed — no statutory daily, once-per-period, or anti-stacking formula for an ordinary residential late charge |
Not addressed — Chapter 18-17 gives no percentage or dollar formula; it defines rent to include late charges (§ 18-17-301(10)) |
Late charges are included in the chapter's definition of rent. Section 18-16-411's greater-of $30 or 20% cap is expressly for self-service storage, not a dwelling tenancy |
No late-fee-specific voiding rule, multiplier, refund, or attorney-fee remedy stated; § 18-17-103 generally allows appropriate damages and enforcement of rights or obligations the chapter declares |
| California verified 2026-07-20 | Cal. Civ. Code § 1671(c)(2), (d) — dwelling-lease liquidated-damages rule; no rent-late-fee amount stated |
No dollar or percentage stated; provision is void unless § 1671(d)'s difficult-to-fix-damages exception applies |
None stated in § 1671 |
Parties must agree on the amount in the contract; § 1671 does not itself require a written lease or separate notice |
Not specified; any agreed formula remains subject to § 1671(d) |
No rent percentage or other calculation base stated |
An expressly applicable statute controls instead where one prescribes the liquidated-damages rule (§ 1671(a)) |
Provision is void if § 1671(d)'s exception is not met; no late-fee-specific multiplier or attorney-fee award stated |
| Colorado verified 2026-07-20 | C.R.S. § 38-12-105 — a dedicated residential late-fee statute (added 2021 by SB 21-173, eff. Oct. 1, 2021) covering tenants and mobile home owners |
The greater of $50 or 5% of the past-due rent payment — § 38-12-105(1)(b). Note 'greater of,' not lesser |
7 calendar days. No fee 'unless a rent payment is late by at least seven calendar days' — § 38-12-105(1)(a) |
Required. No late fee unless it is disclosed in the rental agreement (§ 38-12-105(1)(c)); a lease term that violates the statute is void and unenforceable (§ 38-12-105(2)) |
Once per late payment, unless stacked fees still stay within the $50/5% cap (§ 38-12-105(1)(g)); no interest on a late fee (§ (1)(h)); the fee is forfeited if written notice is not given within 180 days (§ (1)(j)) |
The 5% runs on 'the past due rent payment,' not the full month's rent (§ 38-12-105(1)(b)(II)); no late fee on the portion of rent a rent-subsidy provider pays (§ (1)(f)) |
Subsidy-share carve-out (§ 38-12-105(1)(f)); a late fee is distinct from rent and cannot be classed as rent for the nonpayment eviction notice (§ (7)); no eviction or lease termination for unpaid late fees (§ (1)(d), (e)); no recoupment of a fee from a rent payment (§ (1)(i)) |
Void lease term plus injunctive relief (§ 38-12-105(2)); $50 per violation (§ (3)); seven days to cure after notice (§ (4)); if uncured, a civil action for damages, a $150–$1,000 penalty per violation, costs and reasonable attorney fees, and equitable relief (§ (5)); and an affirmative defense in an eviction case (§ (6)) |
| Connecticut verified 2026-07-20 | Conn. Gen. Stat. §§ 47a-15a and 47a-4(a)(8)-(9), (b) — residential late-charge cap, grace, and unenforceability rules |
Lesser of $5 per day (maximum $50) or 5% of the delinquent rent payment (§ 47a-15a(b)) |
Nine days after rent is due; four days for a one-week tenancy; add five days for the affected week/month if the landlord's online system prevented payment (§ 47a-15a(a)) |
A valid written agreement to pay the late charge is required (§ 47a-15a(b)) |
One late charge per delinquent rent payment, regardless of how long it remains unpaid; the dollar-side cap may grow at $5 per day up to $50 (§ 47a-15a(b)) |
The delinquent rent payment; if government or charity pays part, 5% of the tenant's share only (§ 47a-15a(b)) |
Current § 47a-4(a)(10) bars a heat/utility surcharge when included in the lease; P.A. 26-113 adds a separate-meter utility rule Oct. 1, 2026, without changing the late-fee cap |
A lease term charging too early or above the cap is unenforceable; no late-fee-specific damages multiplier or attorney-fee award stated (§ 47a-4(b)) |
| Delaware verified 2026-07-20 | 25 Del. C. § 5501(d) (Residential Landlord-Tenant Code, Chapter 55) — the residential late-charge rule |
5% of the monthly rent; the late charge 'shall not exceed 5 percent of the monthly rent' (§ 5501(d)) |
No late charge within 5 days of the agreed due date; if the landlord maintains no in-county office or permanent place to pay rent, the due date is extended 3 more days (§ 5501(d)) |
Allowed only 'where the rental agreement provides for a late charge' — it must be written into the lease; no lease term, no lawful fee (§ 5501(d)) |
The statute caps 'such late charge' at 5% of the monthly rent and does not authorize a daily or escalating charge, so the 5% ceiling limits the total late charge for a given month (§ 5501(d)) |
5% of the monthly rent — not the unpaid or overdue balance (§ 5501(d)) |
None for returned checks, administrative, or utility charges in the late-fee provision; a lawful late charge is treated as 'additional rent' recoverable in a rent action (§ 5501(d); § 5502(b)), and § 5501(e) requires a receipt for any cash rent payment within 15 days |
No special late-fee penalty; because § 5501(d) says the charge 'shall not exceed' 5% and bars it within the 5-day window, a fee over the cap, charged too early, or absent from the lease is unauthorized and unenforceable as additional rent — a defense to the amount claimed in a rent or summary-possession action. Delaware reserves double-damages penalties for deposits and application fees (§ 5514(d), (g)), not late fees |
| District of Columbia verified 2026-07-20 | D.C. Code § 42-3505.31 (Rental Housing Late Fee Fairness Amendment Act of 2016), within the Rental Housing Act of 1985 |
No more than 5% of the full amount of rent due by the tenant (§ 42-3505.31(a)) |
Only if rent is unpaid more than 5 days after it is due, or after any longer grace period the lease provides (§ 42-3505.31(b)(2)) |
The written lease must inform the tenant of the maximum late fee that may be charged (§ 42-3505.31(b)(1)) |
One late fee per late payment; no interest on a late fee, and it may not be deducted from a later rent payment (§ 42-3505.31(c)(1)-(3)) |
5% of the full amount of rent due by the tenant; a subsidy provider's portion is excluded, so a voucher tenant's fee runs on the tenant's share only (§ 42-3505.31(a), (c)(5)) |
No late fee on the portion of rent a subsidy provider owes; after the grace period a provider may invoice a lawful late fee (payable within 30 days) and, if unpaid, deduct it from the security deposit at tenancy's end (§ 42-3505.31(c)(5), (d)) |
A housing provider may not evict for nonpayment of a late fee (§ 42-3505.31(c)(4)); a fee that is over 5%, undisclosed, charged too early, or on a subsidy share is not 'lawfully imposed' and cannot be invoiced or taken from the deposit (§ 42-3505.31(d)) |
| Florida verified 2026-07-20 | No residential late-fee statute; the lease sets the fee, subject to Fla. Stat. § 83.45 (court may refuse to enforce an unconscionable provision) — Ch. 83, Part II |
No statutory cap; the lease amount controls, bounded only by § 83.45 unconscionability and the general contract rule against penalties |
None set by statute; § 83.46(1) makes rent due without demand or notice, so any grace period comes from the lease |
Not set by statute; because the fee is a lease term, it must appear in the rental agreement to be charged |
Not set by statute; the lease governs whether a fee is one-time or recurs |
Not set by statute; the lease defines the dollar amount or percentage |
None in the residential act; the '$20 or 20%' reasonable late fee in § 83.808 applies only to self-service storage (Part III), not homes |
No fee-specific penalty; a tenant may ask a court to refuse to enforce an unconscionable fee under § 83.45 |
| Georgia verified 2026-07-20 | No late-fee-specific provision in O.C.G.A. ch. 44-7; §§ 44-7-2(a) and 13-6-7 govern oral tenancy contracts and agreed breach damages |
No numeric statewide cap in Chapter 44-7; agreed breach damages bind the parties unless the agreement violates law (§ 13-6-7) |
None stated for a late fee in Chapter 44-7; the rental agreement supplies any fee grace period |
No late-fee-specific writing rule; a tenancy contract lasting no more than 1 year may be oral (§ 44-7-2(a)) |
No statewide one-time, daily, recurring, or stacking rule in Chapter 44-7; the agreement supplies the structure |
No statutory flat-fee, rent-percentage, or unpaid-balance formula in Chapter 44-7 |
No related late-fee carve-out or separate fee schedule in Chapter 44-7 |
No late-fee-specific refund, multiplier, or statutory damages in Chapter 44-7; § 13-6-7 preserves the general contract-law boundary |
| Hawaii verified 2026-07-20 | HRS §§ 521-21(f), 521-31, and 521-77 — 8% cap, agreement condition, nonwaiver, and consumer-protection complaint route |
8% of the amount of rent due (§ 521-21(f)) |
None stated; the agreement may impose a charge for rent not paid when due |
The rental agreement must provide for the late charge (§ 521-21(f)); an agreement may be written or oral (§ 521-8), so no separate written notice is required |
The total late charge may not exceed 8% of the amount of rent due; the statute states no separate one-time, daily, interest, or compounding mechanism |
The statutory words are 'the amount of rent due.' The section does not expressly say whether a partial payment changes that base |
A public-assistance recipient whose agreement keys rent to receipt of a benefit check may establish a new due date under § 521-21(b); no returned-check or administrative fee is addressed in the late-charge subsection |
A tenant may not waive Chapter 521 rights; the Office of Consumer Protection may receive, investigate, and try to resolve any Chapter 521 dispute. No late-fee-specific refund or damages multiplier is stated (§§ 521-31, 521-77) |
| Idaho verified 2026-07-20 | Idaho Code § 55-305 — all residential-tenant fees, including late-rent fees, must be reasonable; applies to agreements entered or renewed on or after July 1, 2023 |
Reasonable amount; no numeric dollar or percentage ceiling (§ 55-305(1)) |
None stated for a late fee. Idaho Code § 6-303(2)'s 3-day written notice governs eviction for unpaid rent, not when a fee may attach |
May not exceed the agreed amount. A fee omitted from a written agreement requires 30 days' written notice; an oral agreement is excepted from that notice route (§ 55-305(2)) |
No one-time, daily, or compounding rule; every fee imposed must remain reasonable |
No statutory base; § 55-305 does not specify full rent, unpaid rent, or a flat-amount formula |
The same rule covers any fee, fine, assessment, interest, or other cost. Local governments generally may not regulate residential rent, fees, or deposits (§ 55-306). Section 55-2304's $20-or-20% safe harbor is self-storage only |
Section 55-305 says an owner may not charge a prohibited fee but states no refund, damages multiplier, attorney-fee award, or enforcement procedure |
| Illinois verified 2026-07-20 | 765 ILCS 705/0.01 et seq. — no ordinary residential late-fee provision in the current statewide Landlord and Tenant Act |
No dollar, percentage, or other statewide cap stated for ordinary residential rent |
None stated for a fee; 735 ILCS 5/9-209's 5 days is an eviction-demand period |
No statewide late-fee lease or notice requirement stated |
Not addressed |
Not addressed |
If an electronic rent portal charges a transaction fee, the landlord must offer a fee-free payment method (765 ILCS 705/3.5); the $20/20% late-fee rule is storage-only (770 ILCS 95/7.10) |
No ordinary-residential late-fee-specific voiding rule, multiplier, or attorney-fee remedy stated |
| Indiana verified 2026-07-20 | No late-fee-specific state section in IC 32-31; IC 32-31-1-20 generally preempts local regulation of landlord fees |
No statewide dollar or percentage cap stated |
None stated for a late fee; IC 32-31-1-6's 10 days govern termination for unpaid rent, not fee attachment |
No late-fee-specific writing or separate assessment-notice requirement stated |
Not specified; no statutory one-time, daily, or stacking rule |
No statutory rent percentage, unpaid-balance base, or other formula |
Local units generally may not regulate any landlord fee; § 32-31-1-20 does not apply to specified government-supported reduced-rent property |
No late-fee-specific statutory remedy; a local fee ordinance that violates § 32-31-1-20 is void and unenforceable |
| Iowa verified 2026-07-20 | Iowa Code §§ 562A.9(4) and 562A.4 — residential late-fee caps and general enforcement |
Monthly rent ≤ $700: $12/day, $60/month total. Monthly rent > $700: $20/day, $100/month total (§ 562A.9(4)) |
None stated in § 562A.9; the separate nonpayment-eviction notice is not a late-fee grace period |
No separate writing or notice stated; the cap governs rental-agreement terms, and a rental agreement may be written or oral (§§ 562A.6(11), 562A.9(4)) |
Daily fee permitted within an aggregate monthly ceiling: $12/day to $60 or $20/day to $100, depending on monthly rent (§ 562A.9(4)) |
Tiered by monthly rent at the $700 line; § 562A.9(4) gives no conversion method for rent stated on another schedule |
None in the late-fee subsection; it states only the two rent tiers and their daily/monthly ceilings (§ 562A.9(4)) |
Chapter rights and obligations are enforceable by action for appropriate damages, subject to mitigation; no late-fee-specific multiplier or attorney-fee award stated (§ 562A.4) |
| Kansas verified 2026-07-20 | K.S.A. 58-2543(j)-(k), 58-2545, and 58-2559(b) — residential rent/agreement definitions, permissible terms, and tenant enforcement; no residential late-fee-specific cap section |
No dollar, percentage, or statutory reasonableness cap stated for an ordinary residential late charge |
None stated for a late fee; K.S.A. 58-2564(b)'s 3-day nonpayment notice is a termination clock, not a fee grace period |
No separate writing or late-fee notice precondition stated; rental agreements may be written or oral (§ 58-2543(k)), and lawful rent terms may be included (§ 58-2545(a)) |
Not addressed — no statutory daily, once-per-period, or anti-compounding rule for a dwelling late charge |
Not addressed — no percentage base, unpaid-balance rule, or dollar formula stated |
Rent means all agreement-required payments to the landlord other than the security deposit (§ 58-2543(j)). Section 58-816a's $20-or-20% formula applies only to self-service storage |
No late-fee-specific refund, multiplier, or attorney-fee remedy; § 58-2559(b) permits damages and injunctive relief for landlord noncompliance with the rental agreement, while § 58-2547 makes listed prohibited lease terms unenforceable and allows actual damages for deliberate use |
| Kentucky verified 2026-07-20 | Local-option URLTA (KRS 383.505-383.715), which caps no late fee, applies only where a city/county/urban-county government adopted it (KRS 383.500); elsewhere general landlord-tenant law and the lease govern |
No statutory cap; KRS 383.565 lets the lease set rent terms and states no late-fee limit |
None stated; the seven-day nonpayment period in KRS 383.660(2) is a pre-termination cure period, not a late-fee grace period |
No statutory precondition; a late fee is a rental-agreement term under KRS 383.565(1) |
Not specified; the URLTA states no once-only or daily rule |
Not specified; the URLTA supplies no percentage or base for a late fee |
None in the URLTA; it names no returned-check or administrative late-payment fee |
No late-fee-specific remedy; a court may refuse to enforce or limit an unconscionable rental-agreement provision (KRS 383.555) |
| Louisiana verified 2026-07-20 | No residential late-fee statute; a late fee is conventional 'stipulated damages' under La. Civ. Code arts. 2005-2012, within a lease governed by the Civil Code's lease articles |
No statutory cap; enforceable as written unless 'so manifestly unreasonable as to be contrary to public policy' (art. 2012) |
None stated; the five-day notice to vacate in C.C.P. art. 4701 is an eviction clock, not a late-fee grace period |
The fee must be stipulated in the lease to be owed (art. 2005); a Louisiana lease may be oral (art. 2681), so an oral stipulation can suffice |
Not set by statute; a once-only or daily fee is a lease term, still subject to art. 2012 |
Not set by statute; the stipulated amount may be reduced in proportion to the tenant's partial performance (art. 2011) |
None in a late-fee statute; Louisiana has none |
A court may not modify the fee unless it is manifestly unreasonable and contrary to public policy (art. 2012); it may be reduced for partial performance (art. 2011) |
| Maine verified 2026-07-20 | 14 M.R.S. § 6028 — residential late-rent penalty, 15-day threshold, 4% cap, and written notice |
4% of the amount due for one month (§ 6028(2)) |
15 days from the time payment is due; rent is late only if not paid within that period (§ 6028(1)) |
Written notice at the time the rental agreement is entered that a penalty up to 4% of one month's rent may be charged (§ 6028(3)) |
The penalty may not exceed the 4% maximum; § 6028 states no separate daily, recurring, interest, or compounding mechanism |
The amount due for one month; the statute does not state a remaining-unpaid-balance formula |
None in § 6028; it addresses only a residential rent late-payment penalty |
Section 6028 prohibits assessment before 15 days, above 4%, or without timely written notice, but states no refund, damages multiplier, attorney-fee award, or agency process |
| Maryland verified 2026-07-20 | Md. Real Prop. Code § 8-208(d)(3), (g) — residential lease late-penalty cap and remedies |
5% of unpaid rent due for the delinquent rental period; weekly installments use separate § 8-208(d)(3)(ii) wording |
None stated in § 8-208; § 8-401(c)'s 10 days govern notice before a nonpayment eviction filing, not fee attachment |
Cap is framed as a prohibited lease provision; landlords offering 5+ units must use a written lease, but no separate late-fee assessment notice is stated (§ 8-208(a), (d)) |
Cap applies to the penalty for each delinquent rental period; no daily-accrual formula stated. Weekly leases have a separate per-week rule |
The unpaid rent due for the rental period, not the original full amount due (§ 8-208(d)(3)(i), effective Oct. 1, 2025) |
Weekly: text bars more than $3 per week and contains internally inconsistent '$12 per month' wording; local law may add rights but may not diminish § 8-208 rights (§ 8-208(f)) |
Prohibited clause unenforceable; actual damages including reasonable attorney's fees if landlord includes, tenders, attempts to enforce, or announces intent to enforce it (§ 8-208(g)) |
| Massachusetts verified 2026-07-20 | M.G.L. c. 186, § 15B(1)(c) — no lease may impose interest or a penalty for unpaid rent until 30 days after rent was due. No statutory cap on the amount |
No statutory dollar or percentage cap; the amount is a lease term. Massachusetts treats a late fee as enforceable only if it is a reasonable estimate of the landlord's loss (liquidated damages), not a punitive penalty (case law, not statute) |
Thirty days — a lease may not impose any interest or penalty for failure to pay rent 'until thirty days after such rent shall have been due' (§ 15B(1)(c)) |
The charge is set by the 'lease or other rental agreement' (§ 15B(1)(c)); no statute requires a separate written notice beyond the lease term |
Not specified beyond the 30-day bar; whether the fee is one-time or recurring is a lease matter, but nothing — interest or penalty — may be imposed during the first 30 days (§ 15B(1)(c)) |
No statutory base; the lease sets what the fee is measured on |
The 30-day bar reaches both a late 'penalty' and 'interest' on unpaid rent (§ 15B(1)(c)); § 15B does not apply to a vacation or recreational tenancy of 100 days or less (§ 15B(9)) |
A lease term imposing a late fee or interest within the first 30 days violates § 15B(1)(c) and is unenforceable to that extent; the section's treble-damages remedies apply to security-deposit violations, not the late-fee bar |
| Michigan verified 2026-07-20 | No late-fee statute; the Truth in Renting Act (MCL 554.631–554.641) regulates lease provisions but sets no late-fee limit; a late fee is otherwise permitted |
No statutory cap; set by the lease. MCL 554.633 lists lease clauses that are void, but none cap a late fee |
None stated; no Michigan statute sets a waiting period before a residential late fee may attach |
No statutory disclosure rule; a late fee must be agreed as a lease term to be charged, but no statute requires it to be in writing or separately noticed |
Not addressed by statute; Michigan law neither authorizes nor limits a one-time or daily fee |
No statutory base; the lease sets what the fee is measured on |
No late-fee statute to name related fees; MCL 554.633(1)(g) voids a lease clause charging attorney's fees beyond those a statute allows, and (1)(d) voids a confession-of-judgment clause |
No late-fee-specific statutory remedy; a lease clause violating the Truth in Renting Act is void (MCL 554.633(3)), and an unreasonable fee is challengeable under general contract law as a penalty |
| Minnesota verified 2026-07-20 | Minn. Stat. § 504B.177 — residential late-fee statute; a fee is allowed only by written agreement |
8% of the overdue rent payment (statutory maximum) |
None stated; the written agreement must specify when the fee is imposed |
Written late-fee agreement required, specifying when the fee applies; no lawful fee without it, even on an oral lease |
Not specified; § 504B.177 sets only the 8% ceiling, no once-only or daily rule |
The overdue rent payment; for a housing-assistance-contract tenancy, only the tenant's portion of rent |
Federal-subsidy conflict allows a federally compliant late-fee schedule (para b); a late fee is not interest or liquidated damages |
A fee over 8% or without a written agreement is not permitted ('may not charge'); § 504B.177 states no separate damages, multiplier, or attorney fees |
| Mississippi verified 2026-07-20 | Miss. Code §§ 89-8-3 and 89-8-7(1)(k)-(l) — Residential Landlord and Tenant Act scope and definitions; no late-fee-specific cap section |
No dollar, percentage, or statutory reasonableness cap stated; § 89-8-7(1)(k) recognizes a fee required under the rental agreement |
None stated for a late fee; do not import a termination or eviction notice period |
The fee must be required under the rental agreement to fall within the statutory definition of rent; the agreement may be written or oral (§ 89-8-7(1)(k)-(l)) |
Not addressed — no statutory daily, once-per-period, or anti-stacking rule |
Not addressed — no percentage base, partial-payment rule, or dollar formula stated |
A late fee required by the agreement is included in "rent"; the Act states no separate returned-check or administrative-fee rule in its late-fee language (§ 89-8-7(1)(k)) |
No late-fee-specific refund, multiplier, or attorney-fee remedy stated; § 89-8-3(1) preserves rights and remedies at law or in equity not prohibited by the chapter, and § 89-8-5 bars waiver of chapter rights, duties, or remedies |
| Missouri verified 2026-07-20 | No residential late-fee section in RSMo chs. 441 or 535; those chapters govern landlord-tenant relations and rent-and-possession actions |
No residential statutory dollar or percentage cap stated |
None stated for a residential late fee |
No residential late-fee-specific writing or separate assessment-notice requirement stated |
Not specified; no statutory one-time, monthly, daily, or stacking rule for residential rent |
No statutory rent percentage, unpaid-balance base, or other residential formula |
RSMo § 415.417's $20-or-20% safe harbor, writing rule, and monthly structure apply only under the Self-Service Storage Facilities Act (§ 415.400), not residential housing |
No residential late-fee-specific statutory refund, damages multiplier, or attorney-fee remedy stated in chs. 441 or 535 |
| Montana verified 2026-07-20 | Mont. Code Ann. §§ 70-24-103(14), (16), 70-24-201, and 70-24-404 — an agreed late fee is part of rent; lawful rental-agreement terms control, subject to unconscionability |
No numeric statutory cap; the rental agreement sets the amount, but a court may refuse an unconscionable provision (§ 70-24-404) |
None stated for a fee; any grace period comes from the agreement. Section 70-24-422(2)'s 3-day period after written notice governs termination for unpaid rent, not late-fee timing |
The late fee must be agreed in the rental agreement; no separate writing is required because a rental agreement may be written or oral (§ 70-24-103(14), (16)) |
No statutory one-time, daily, monthly, or compounding rule; the agreement controls, subject to unconscionability |
No statutory formula; the agreement supplies any flat amount, rent percentage, or unpaid-balance base |
A landlord may not add a fee based on payment type except to recoup an electronic bank fee for electronic payment (§ 70-24-201(4)). Section 70-6-606(2)'s $20-or-20% safe harbor is self-storage only |
No late-fee-specific refund or multiplier. A court may refuse an unconscionable fee provision (§ 70-24-404); the prevailing party may be awarded reasonable attorney fees and costs (§ 70-24-442) |
| Nebraska verified 2026-07-20 | No residential late-fee statute. Neb. Rev. Stat. §§ 76-1410, 76-1412, and 76-1414 leave payment terms to the rental agreement, subject to unconscionability |
No numeric statutory cap; the agreement sets the fee, but a court may refuse or limit an unconscionable provision (§ 76-1412) |
None stated for a fee; any grace period comes from the agreement. Section 76-1431(2)'s 7-day period after written notice governs termination for unpaid rent, not late-fee timing |
No separate written-disclosure rule. The fee must be a term of the rental agreement, which Nebraska defines to include written or oral agreements (§§ 76-1410(14), 76-1414(1)) |
No statutory rule; the agreement controls whether the fee is one-time or recurring, subject to unconscionability |
No statutory rule; the agreement supplies any flat amount, full-rent percentage, or unpaid-balance formula |
None in the residential URLTA. The $5/$3 late-fee limits in § 69-2110 apply only to consumer rental-purchase agreements for personal property, not residential rent |
No late-fee-specific remedy. A court may refuse to enforce, sever, or limit an unconscionable fee provision (§ 76-1412); the statute states no automatic refund, multiplier, or fee award |
| Nevada verified 2026-07-20 | NRS 118A.210(4) (Chapter 118A, Landlord and Tenant: Dwellings) — the residential late-fee rule |
A reasonable fee not exceeding 5% of the periodic rent; the maximum may not be increased based on a previously imposed late fee (NRS 118A.210(4)(b)-(c)) |
For a tenancy longer than week to week, no fee may be charged until at least 3 calendar days after rent is due (NRS 118A.210(4)(a)) |
The fee must be set forth in the rental agreement; with no written agreement, a disputable presumption arises that no late-payment charge is owed (NRS 118A.210(4); 118A.200(5)(c)) |
The 5% figure is a ceiling per periodic rent, and the maximum may not be increased based on a previously imposed late fee, so a landlord cannot stack escalating fees (NRS 118A.210(4)(b)-(c)) |
5% of the periodic rent (e.g., the monthly rent), not the unpaid balance (NRS 118A.210(4)(b)) |
A written agreement must state any charge for late or partial payment of rent or for a dishonored check (NRS 118A.200(3)(g)); the late-fee provision sets no separate returned-check cap |
A lease term by which the tenant forgoes a Chapter 118A right is void as contrary to public policy, and the tenant may recover any actual damages from the prohibited provision (NRS 118A.220(1)(a), (2)) |
| New Hampshire verified 2026-07-20 | No residential late-fee statute. RSA chs. 540 and 540-A govern eviction, prohibited practices, and deposits; the lease and general contract law govern a late fee |
No statutory dollar, percentage, or reasonableness ceiling |
None stated for a fee; RSA 540:3's 7-day residential nonpayment notice is an eviction clock, not a late-fee grace period |
No separate statutory late-fee disclosure rule; the charge must arise from the lease or rental agreement. RSA 540:9 recognizes 'other lawful charges contained in the lease' |
No statutory one-time, daily, monthly, interest, or compounding rule |
No statutory formula; the agreement supplies any flat amount, rent percentage, or unpaid-balance base |
RSA 540:9's $15 liquidated damages and filing/service charges apply when curing a filed nonpayment eviction. A landlord must allow at least one non-electronic payment method (RSA 540-A:3(X)) |
No special late-fee remedy; the statutes state no automatic refund, damages multiplier, attorney-fee award, or agency process for an excessive fee |
| New Jersey verified 2026-07-20 | N.J.S.A. §§ 2A:42-6.1 to -6.3 — 5-business-day late-charge protection for specified benefit recipients whose rent is due on the 1st |
No dollar or percentage cap stated in §§ 2A:42-6.1 to -6.3 |
5 business days for covered tenants when rent is due on the 1st; weekends and state/federal holidays excluded (§ 2A:42-6.1) |
No late-fee writing or separate-notice rule stated in §§ 2A:42-6.1 to -6.3 |
Not addressed |
Not addressed |
Protection covers any delinquency or other late charge; limited to the benefit groups in § 2A:42-6.3 |
Violation is a disorderly-person offense (§ 2A:42-6.2); no private damages formula stated in the Act |
| New Mexico verified 2026-07-20 | NMSA 1978 §§ 47-8-15(D) and 47-8-48(A), as amended by 2025 Laws ch. 122 (SB 267) — residential cap, assessment notice, and enforcement |
5% of the rent for each rental period that the resident is in default (§ 47-8-15(D)) |
None stated; the fee may apply when rent is not paid in accordance with the rental agreement |
The rental agreement must provide for the late fee; to assess it, the owner must notify the resident of the charge by the last day of the next rental period after the default. Section 47-8-15(D) does not require that notice to be written or prescribe its contents |
The total cap is 5% for each rental period in default; the statute states no daily fee, interest, or compounding mechanism |
Rent only for the rental period; deposits, additional fees, and utilities must be excluded (§ 47-8-15(D)) |
No fee for a reasonable number of guests staying a reasonable time; separate facility-use charges remain possible (§ 47-8-15(E)). Unless owner and resident agree in writing, a rent payment may not be allocated to deposits or damages (§ 47-8-15(G)) |
A party may sue to enforce the agreement or the Act; the prevailing party is entitled to reasonable attorney fees and court costs. No late-fee-specific refund or damages multiplier is stated (§ 47-8-48(A)) |
| New York verified 2026-07-20 | N.Y. Real Prop. Law § 238-a (limitation on fees) and § 235-e(d) (five-day non-payment notice) |
The lesser of $50 or 5% of the monthly rent; a co-op may charge up to 8% of the monthly maintenance fee (§ 238-a(2)) |
Five days — no fee unless rent stays unpaid more than five days after its due date (§ 238-a(2)) |
No lease-disclosure precondition in the statute; the cap applies to any late fee, and a lease term waiving or limiting it is void (§ 238-a(3)) |
Not separately addressed; the cap limits the total 'charge' for late payment, so daily add-ons cannot push a month's late charge above $50 or 5% |
The 5% alternative is measured against the monthly rent (§ 238-a(2)) |
Returned-check fees allowed only if in the lease and capped at the landlord's actual costs or the Gen. Oblig. Law § 5-328(3) amount (§ 238-a(2-a)); application and background/credit-check fees separately capped (§ 238-a(1)) |
Any lease term waiving or limiting the caps is void as against public policy (§ 238-a(3)); a landlord's failure to send the § 235-e(d) notice is an affirmative defense in a nonpayment eviction |
| North Carolina verified 2026-07-20 | N.C. Gen. Stat. § 42-46 — authorized fees, costs, and expenses in residential rental agreements |
Monthly rent: greater of $15 or 5% of the monthly rent. Weekly rent: greater of $4 or 5% of the weekly rent (§ 42-46(a)) |
Five calendar days — chargeable only if a payment is five calendar days or more late, the first day being the day after rent was due (§ 42-46(a)) |
Parties must agree to the late fee in the rental agreement (§ 42-46(a)); the separate administrative fees each require a written lease (§ 42-46(e)–(g)) |
Once only — a late fee may be imposed one time for each late payment and may not be pulled from a later payment so as to make that payment late (§ 42-46(b)) |
The monthly or weekly rent; for HUD-, USDA-, state-, housing-authority-, or locally-subsidized rent, any fee is figured on the tenant's share of the contract rent only (§ 42-46(a), (h)(5)) |
Only one eviction-related administrative fee — complaint-filing (greater of $15 or 5%), court-appearance (10% of monthly rent), or second-trial (up to 12%); no late fee for unpaid water/sewer billed under G.S. 62-110(g); actual court costs and capped attorney's fees allowed separately (§ 42-46(d)–(k)) |
Any lease provision contrary to § 42-46 is against the State's public policy and void and unenforceable; an unauthorized administrative fee is likewise barred (§ 42-46(h)(3), (4)) |
| North Dakota verified 2026-07-20 | No residential late-fee statute. North Dakota's Leasing of Real Property chapter (N.D.C.C. ch. 47-16) neither authorizes nor caps a late fee; the lease and general contract law govern, subject to the chapter's unconscionability check (§ 47-16-13.3) |
No statutory cap — nothing in ch. 47-16 limits a late fee. The amount is a lease term, bounded only by general contract-law penalty limits and the unconscionability doctrine (§ 47-16-13.3) |
None stated — ch. 47-16 sets no grace period before a late fee attaches; any grace comes only from the lease |
No statutory disclosure rule for late fees; a late fee is a lease term, collectible only if the rental agreement provides for it |
No statutory rule; the lease decides whether a late fee is one-time or recurring |
No statutory rule; whatever base the lease sets (full rent, the unpaid balance, or a flat amount) |
Section 47-16-20.1 bars a landlord from charging any fee to accept cash, a check, or a money order for rent or any other required payment; § 47-16-02.1 bars local governments from controlling the amount of rent. Neither creates or caps a late fee |
No statutory late-fee penalty; a tenant challenges an excessive fee under general contract law and the statutory unconscionability provision (§ 47-16-13.3), under which a court may refuse to enforce or limit an unconscionable lease term. In an action under §§ 47-16-13.1 to -13.6, the court may award attorney's fees to the prevailing party (§ 47-16-13.6) |
| Ohio verified 2026-07-20 | Ohio Rev. Code ch. 5321 — no late-fee-specific section; rent terms permitted subject to other law (§ 5321.06) |
No numeric statutory cap; a court may refuse or limit an unconscionable clause (§ 5321.14) |
None stated for a fee; § 1923.04's 3 days is notice before an eviction filing |
No late-fee-specific writing or notice rule; a rental agreement may be written or oral (§ 5321.01(D)) |
Not addressed |
Not addressed |
A residential rental agreement may not provide for either party's attorney fees (§ 5321.13(C)); no late-fee-specific carveout |
Court may refuse, sever, or limit an unconscionable clause (§ 5321.14); no special late-fee damages stated |
| Oklahoma verified 2026-07-20 | Oklahoma Residential Landlord and Tenant Act (Okla. Stat. tit. 41, §§ 101-136); no section caps a late fee, and § 102(11) makes a late fee 'damages,' not 'rent' |
No statutory cap; the Act sets no dollar or percentage limit — the lease controls the amount |
None stated; the five-day nonpayment period in § 131(B) is a pre-termination cure period, not a late-fee grace period |
No statutory precondition; rent and other terms are set by the rental agreement (§ 109); the Act imposes no written-disclosure rule for a late fee |
Not specified; the Act states no once-only or daily rule |
Not specified; the Act supplies no percentage or base for a late fee |
None in the Act; it names no returned-check or administrative late-payment fee |
No late-fee-specific remedy; a late fee is 'damages' (§ 102(11)), so it cannot be demanded in the § 131 nonpayment/eviction notice, and the prevailing party in an enforcement action recovers reasonable attorney fees (§ 105) |
| Oregon verified 2026-07-20 | ORS 90.260 — written-agreement requirement, day-5 trigger, and three permitted fee structures |
Choose one: reasonable customary flat fee once per period; daily fee capped at 6% of that flat fee per day; or 5% of periodic rent per succeeding 5-day period or portion (§ 90.260(2)) |
Rent must remain unpaid through day 4; a late charge begins on day 5 (§ 90.260(1)-(2)) |
Written rental agreement must state the obligation, fee type and amount, rent due date, and late-fee due date (§ 90.260(1)(b)) |
Flat fee once per period; daily fee from day 5 through that period; or 5% for each succeeding 5-day period or portion, through that period (§ 90.260(2)) |
Flat fee uses the customary local-market amount; daily fee is at most 6% of that flat amount; 5-day fee is 5% of periodic rent (§ 90.260(2)) |
Prior late fee cannot be deducted from current rent to create a new delinquency; simple interest may accrue at the § 82.010(2) judgment rate (§ 90.260(4)-(5)) |
No special damages stated; late-fee nonpayment alone cannot support a § 90.394 nonpayment termination, though it may support a for-cause termination (§ 90.260(6)) |
| Pennsylvania verified 2026-07-20 | Landlord and Tenant Act of 1951 § 101 et seq. — no residential late-fee provision in the official Act or table of contents |
No dollar, percentage, or reasonableness cap stated in the Act |
None stated for a fee; § 501(b)'s 10 days is a notice-to-quit period |
No late-fee disclosure rule stated; leases of 3 years or less may be oral or written (§ 201) |
Not addressed |
Not addressed |
§ 301 permits legal-rate interest on rent due in a recovery action when equitable; it does not set a late fee |
No late-fee-specific voiding rule, damages multiplier, or attorney-fee remedy stated in the Act |
| Rhode Island verified 2026-07-20 | No late-fee cap statute. Rhode Island's Residential Landlord and Tenant Act (R.I. Gen. Laws ch. 34-18) sets no dollar or percentage limit on a late fee, but § 34-18-15(a) requires any fee beyond rent to be disclosed; the lease and general contract law (with the Act's unconscionability rule, § 34-18-13) govern the amount |
No statutory cap — nothing in ch. 34-18 limits the amount of a late fee; the amount is a lease term, bounded only by contract-law penalty limits and the Act's unconscionability provision (§ 34-18-13) |
None stated for a late fee — ch. 34-18 sets no grace period before a late fee may attach. The 15-day arrears threshold in § 34-18-35(a) is when a landlord may send a nonpayment eviction demand, not a late-fee grace period; any late-fee grace comes from the lease |
Yes — a late fee is a 'fee beyond the rent' that must be disclosed. § 34-18-15(a)(1) requires it in the lease's rent-disclosure section (or, with no written lease, in a written list, with 30 days' notice of any change); an undisclosed fee the tenant paid is recoverable (§ 34-18-15(a)(5)) |
No statutory rule; the lease decides whether a late fee is one-time or recurring |
No statutory rule; whatever base the lease sets (full rent, the unpaid balance, or a flat amount) |
Since Jan. 1, 2025, § 34-18-61 bars a landlord from charging a convenience fee on a rent payment unless the landlord also accepts a payment method with no such fee; the Act sets no returned-check fee |
No statutory penalty fixed to a late fee's size, but a fee not disclosed as § 34-18-15(a) requires is recoverable by the tenant (§ 34-18-15(a)(5)), and a court may refuse to enforce or limit an unconscionable lease term (§ 34-18-13). An otherwise-excessive fee is challenged as an unenforceable penalty under contract law |
| South Carolina verified 2026-07-20 | S.C. Residential Landlord and Tenant Act, S.C. Code §§ 27-40-310, 27-40-210(11) — the lease sets late charges; no section caps a residential late fee |
No statutory cap; the Act counts a late charge as part of 'rent' but sets no dollar or percentage limit |
None stated; the five-day pre-eviction period in § 27-40-710(B) is a cure period, not a late-fee grace period |
No statutory precondition; late charges are set by the rental agreement (§ 27-40-310(a)), which may be oral |
Not specified; the Act states no once-only or daily rule |
Not specified; the Act supplies no percentage or base for a late charge |
None in the Act; it names no returned-check or administrative late-payment fee |
No late-fee-specific remedy; a court may refuse to enforce or limit an unconscionable rent or late-charge provision (§ 27-40-230) |
| South Dakota verified 2026-07-20 | No residential late-fee statute. South Dakota's Lease of Real Property chapter (SDCL ch. 43-32) does not authorize or cap a late fee, set a grace period, or require disclosure; the lease and general contract law govern |
No statutory cap — nothing in ch. 43-32 limits a late fee; the amount is a lease term, bounded only by the general contract-law rule against an unreasonable penalty |
None stated — ch. 43-32 sets no grace period before a late fee attaches; § 43-32-12 supplies only default rent-due timing, and any grace comes from the lease |
No statutory disclosure rule; a late fee is a lease term, collectible only if the rental agreement provides for it |
No statutory rule; the lease decides whether a late fee is one-time or recurring |
No statutory rule; whatever base the lease sets (full rent, the unpaid balance, or a flat amount) |
None in ch. 43-32 — the chapter names no returned-check, administrative, or late-fee charge; it addresses security deposits, repairs, entry, retaliation, and eviction, not late fees |
No statutory late-fee remedy; a fee is challenged under general contract law (as an unenforceable penalty rather than reasonable liquidated damages), not under ch. 43-32 |
| Tennessee verified 2026-07-20 | Tenn. Code § 66-28-201(d), limited by § 66-28-102(a) to counties over 75,000 population |
10% of the amount of rent past due in a URLTA county (§ 66-28-201(d)); this statutory cap does not govern outside covered counties |
Five days, counting the due date as day one; if day five is Sunday or a legal holiday, payment on the next business day avoids the fee (§ 66-28-201(d)) |
No late-fee-specific writing or separate assessment-notice requirement stated in § 66-28-201(d) |
No one-time or daily mechanism stated; any charge or fee, however described, remains subject to the 10% ceiling in a covered county |
The amount of rent past due, not necessarily the full periodic rent (§ 66-28-201(d)) |
Sunday/legal-holiday extension; HUD-regulated public housing owned by a governmental or nonprofit entity is excluded only to the extent federal regulation conflicts (§ 66-28-102(d)) |
The charge may not exceed the statutory ceiling; § 66-28-201(d) states no late-fee-specific refund, damages multiplier, or attorney-fee remedy |
| Texas verified 2026-07-20 | Tex. Prop. Code § 92.019 (late fee) and § 92.0191 (statement of late fees) |
Safe harbor: no more than 12% of the rental period's rent (building of 4 or fewer units) or 10% (more than 4 units); a higher fee is lawful only up to the landlord's actual costs from late payment (§ 92.019(a-1)) |
Two full days — no fee until rent stays unpaid two full days after it was due (§ 92.019(a)(3)) |
Fee must be stated in a written lease; none may be collected if the lease omits it (§ 92.019(a)(1)) |
May combine a one-time fee and a per-day fee; the two together count as one late fee (§ 92.019(b)) |
A percentage of the rent for the rental period under the lease (§ 92.019(a-1)(1)) |
Tenant may demand a written statement of any late fee owed (§ 92.0191); a lease term waiving these protections is void (§ 92.019(d)) |
Landlord who charges an unlawful fee owes $100 plus three times the fee collected plus reasonable attorney's fees (§ 92.019(c)) |
| Utah verified 2026-07-20 | Utah Code § 57-22-4(5), (8), (9) — Fit Premises Act cap and general rental-fee rules |
Greater of 10% of the rent agreed to in the rental agreement or $75 (§ 57-22-4(5)(a)) |
None stated in § 57-22-4(5); do not substitute the separate eviction-notice clock |
No writing required: rental agreements may be oral; the fee/amount must be included and agreed, unless a month-to-month owner gives 15 days' notice of a new charge (§§ 57-22-2(2), 57-22-4(5)(b)) |
No once-only or daily formula stated; any charge remains subject to the late-fee cap and the agreement/notice rules (§ 57-22-4(5)) |
The rent agreed to in the rental agreement; compare 10% of that rent with $75 and use the greater figure (§ 57-22-4(5)(a)) |
Any fee, fine, assessment, interest, or other cost may not exceed the agreed amount or be omitted from the rental agreement, subject to the month-to-month 15-day-notice exception (§ 57-22-4(5)(b)) |
The Act expressly bars using a § 57-22-4(5) violation to excuse lease compliance or to bring a cause of action against the owner (§ 57-22-4(9)) |
| Vermont verified 2026-07-20 | No late-fee statute. 9 V.S.A. §§ 4451 and 4455 leave rent terms to the written or oral rental agreement; Highgate Assocs., Ltd. v. Merryfield, 157 Vt. 313 (1991), applies Vermont's liquidated-damages test |
No numeric cap. The fee must reasonably estimate likely hard-to-calculate damages and compensate rather than penalize or compel payment (Highgate) |
None stated for a fee; any grace period comes from the agreement. Section 4467(a)'s 14-day notice governs termination for nonpayment, not late-fee timing |
No separate written-disclosure rule; the fee must be an agreement term, and Vermont defines a rental agreement to include written or oral agreements (§ 4451(8)) |
No categorical one-time or daily rule; any recurring structure must itself satisfy the liquidated-damages test. Highgate did not create a universal ban on daily fees |
No statutory rent or unpaid-balance formula; the amount must be a reasonable estimate of the landlord's likely late-payment damages, which Highgate found did not depend on rent outstanding in that case |
No related late-rent fee rule. Section 4456a separately prohibits residential application fees; § 4467(a)'s nonpayment notice is eviction-only |
An invalid penalty is unenforceable; Highgate affirmed denial of the claimed late charges. No statute supplies an automatic refund, damages multiplier, or attorney-fee award for an excessive late fee |
| Virginia verified 2026-07-20 | Va. Code § 55.1-1204(E) — written-agreement requirement and lesser-of 10% cap under the VRLTA |
Lesser of 10% of periodic rent or 10% of remaining balance due and owed (§ 55.1-1204(E)) |
Written agreement: none stated. No written agreement offered: due on 1st, late after 5th, charge mentioned after 5th (§ 55.1-1204(C)(4)-(5)) |
Late charge must be provided for in the written rental agreement (§ 55.1-1204(E)) |
Not addressed; statute caps the late charge but states no daily, recurring, or compounding rule |
Lesser-of comparison: full periodic rent versus remaining balance due and owed (§ 55.1-1204(E)) |
Payment-processing fee requires a fee-free alternative and cannot exceed the landlord's third-party out-of-pocket expense (§ 55.1-1204(J)(1)) |
Damages and injunctive relief for chapter noncompliance; reasonable attorney fees unless landlord proves its actions reasonable (§ 55.1-1234) |
| Washington verified 2026-07-20 | RCW 59.18.170(2) — 5-day protection, then retroactive late fees; no general amount cap stated |
No general dollar or percentage cap in RCW 59.18.170; $75 total applies only in specified nonpayment-eviction judgment/restoration amounts (§ 59.18.410) |
No fee if rent is paid within 5 days after due date (§ 59.18.170(2)) |
§ 59.18.170 states no writing rule; § 59.18.410 includes only late fees due under the lease in an eviction judgment |
If more than 5 days late, fees may commence retroactively on day 1 after the due date and continue until paid (§ 59.18.170(2)) |
No dollar, percentage, or calculation base stated in § 59.18.170 |
Payments apply to rent first; possession generally cannot depend on paying fees (§ 59.18.283). Protected 2020-2021 rent cannot carry late fees (§ 59.18.625) |
Only up to $75 late fees enter specified eviction judgment/restoration sums (§ 59.18.410); COVID-period violation carries up to 2.5 months' rent plus costs and attorney fees (§ 59.18.625(4)) |
| West Virginia verified 2026-07-20 | No residential late-fee statute. W. Va. Code ch. 37, arts. 6 and 6A govern landlord-tenant and deposit matters but state no late-fee rule; the rental agreement governs |
No statutory dollar, percentage, or reasonableness cap for residential late rent |
None stated; any fee-free period comes from the rental agreement, not W. Va. Code arts. 37-6 or 37-6A |
No separate late-fee disclosure statute; the charge must arise from the rental agreement, which may be written or oral, express or implied (§ 37-6A-1(12)) |
No statutory one-time, daily, monthly, interest, or compounding rule |
No statutory formula; the agreement supplies any flat amount, percentage base, or unpaid-balance calculation |
West Virginia defines rent to exclude a nonrefundable fee (§ 37-6A-1(11)). Section 38-14-4's $20-or-20% cap after 5 days applies only to self-storage |
No special residential late-fee remedy; the governing articles state no automatic refund, damages multiplier, attorney fees, or agency process |
| Wisconsin verified 2026-07-20 | Wis. Admin. Code § ATCP 134.09(8) — agreement-specific late-fee rule, prepayment credit, and no fee-on-fee |
No statewide dollar or percentage cap stated |
None stated in § ATCP 134.09(8) |
Fee must be specifically provided under the rental agreement; the agreement may be oral or written (§§ ATCP 134.09(8)(a), 134.02(10)) |
No one-time or daily-accrual rule stated; no fee or penalty may be charged for nonpayment of a late fee |
Rent still owed after all rent prepayments are applied; no percentage or fixed-dollar formula stated |
Prepayments must offset rent before assessment; no fee-on-fee. Chapter excludes listed institutional, transient, agricultural, government, and other occupancies (§ ATCP 134.01) |
A person suffering pecuniary loss from a chapter violation may recover twice the loss, costs, and a reasonable attorney fee (Wis. Stat. § 100.20(5)) |
| Wyoming verified 2026-07-20 | No late-fee statute. Wyoming's Residential Rental Property Act (Wyo. Stat. §§ 1-21-1201 to 1-21-1211) does not address late fees; the lease and general contract law govern |
No statutory cap — the amount is left to the lease; nothing in Wyo. Stat. §§ 1-21-1201 to 1-21-1211 limits a late fee |
None stated — the Act sets no grace period before a late fee attaches; any grace comes only from the lease (the 3-day nonpayment notice is an eviction step, not a late-fee grace period) |
No statutory disclosure rule; because a late fee is purely a lease term, it is collectible only if the rental agreement — which may be written or oral — provides for it |
No statutory rule; the lease decides whether a late fee is one-time or recurring |
No statutory rule; whatever base the lease sets (full rent, the unpaid balance, or a flat amount) |
None in a late-fee context; the Act covers deposits (Wyo. Stat. §§ 1-21-1207, 1-21-1208) and, in Wyo. Stat. § 1-21-1211, sets 10%-per-year interest on a renter's unpaid property damages — not on late rent |
No statutory late-fee remedy; a fee is challenged under general contract law (as an unenforceable penalty rather than reasonable liquidated damages), not under the Act |
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