Late Rent Fees by State: Caps, Grace Periods, and Pitfalls
What you can legally charge for late rent in each state, and how to avoid void fees.
Three kinds of late-fee rules
States fall into three camps. Some set a hard cap as a percentage of rent (Maine is the strictest at 4%; Nevada and several others use 5%). Some set a flat or hybrid cap (New York limits the fee to the lesser of $50 or 5% of the rent). And many set no fixed cap at all, requiring only that the fee be 'reasonable' — a genuine estimate of the cost a late payment causes you.
Grace periods vary just as much: Massachusetts forbids any late fee until rent is 30 days late, while other states allow one after a few days. Always check both the cap and the grace period for your state.
Late-fee caps by state
These are the states with a specific numeric cap on late fees, with the maximum, any grace period, and the governing statute. States not listed use a 'reasonable fee' standard or set no statutory cap — check your state page. Tap a state for the calculator. Not legal advice.
| State | Max late fee | Grace period | Statute |
|---|---|---|---|
| Colorado | Greater of $50 or 5% | 7 days | Colo. Rev. Stat. § 38-12-105 |
| Connecticut | Lesser of $50 or 5% | 9 days | Conn. Gen. Stat. § 47a-15a |
| Delaware | 5% of rent | 5 days | 25 Del. C. § 5501(d) |
| District of Columbia | 5% of rent | 5 days | D.C. Code § 42-3505.31 |
| Hawaii | 8% of rent | None set | Haw. Rev. Stat. § 521-21(f) |
| Maine | 4% of rent | 15 days | 14 M.R.S. § 6028 |
| Maryland | 5% of rent | None set | Md. Code, Real Prop. § 8-208(d)(3) |
| Minnesota | 8% of rent | None set | Minn. Stat. § 504B.177 |
| Nevada | 5% of rent | 3 days | Nev. Rev. Stat. § 118A.210 |
| New Mexico | 10% of rent | None set | N.M. Stat. § 47-8-15(D) |
| New York | Lesser of $50 or 5% | 5 days | N.Y. Real Prop. Law § 238-a |
| North Carolina | Greater of $15 or 5% | 5 days | N.C. Gen. Stat. § 42-46 |
| Tennessee | 10% of rent | 5 days | Tenn. Code § 66-28-201(d) |
| Virginia | 10% of rent | None set | Va. Code § 55.1-1204 |
A fee above the cap is usually void
Here's the trap: if your lease sets a late fee higher than your state's legal limit, that clause is generally void and unenforceable — even though the tenant signed it. Charging it can expose you to penalties and weaken your position in an eviction. The lease can never override a statutory cap.
Keep it clean
Put a compliant late fee and grace period in the lease, apply it consistently to every tenant, and never let it exceed the state maximum. Use the late fee calculator to confirm the legal ceiling for your state before you bill.
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Not legal advice. LandlordKit provides general informational tools, not legal advice. Landlord-tenant laws change and vary by city and county. Verify the cited statute and consult a licensed attorney before acting on any result.