Late Fee Caps by State (2026): Maximum Rent Late Fees and Grace Periods in All 50 States + DC

A rent late fee cap is the maximum a landlord may charge when rent is paid after the due date. As of September 2026, 18 states and DC set a statutory cap and 32 have no cap (the fee must still be reasonable and written in the lease). 14 jurisdictions require a grace period before any fee can be charged.

Reviewed September 2026Source: state statutes, cited per row51 jurisdictions
  • Strictest percentage caps: Washington (1.5%), Maine (4%), then 8 jurisdictions at 5%.
  • Longest mandatory grace periods: Massachusetts (30 days), Maine (15 days), Rhode Island (15 days).
  • No statutory cap: AL, AK, AZ, AR, CA, FL, GA, ID, IL, IN, KS, KY, LA, MA, MI, MS, MO, MT, NE, NH, NJ, ND, OH, OK, PA, RI, SC, SD, VT, WV, WI, WY.
Maximum residential rent late fee and grace period by state, 2026
StateMaximum late feeGrace period (statutory)Statute
AlabamaNo statutory cap
Fee must be stated in the lease
None requiredAla. Code § 35-9A-161
AlaskaNo statutory cap
Fee must be stated in the lease
None requiredAlaska Stat. § 34.03.020
ArizonaNo statutory cap
Fee must be reasonable and stated in the lease
None requiredA.R.S. § 33-1368(B)
ArkansasNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
CaliforniaMust be a reasonable estimate of landlord's actual damages; no statutory percentage capNone requiredCal. Civ. Code § 1671(d)
ColoradoGreater of $50 or 5% of the past-due rent; may not be charged unless disclosed in lease7 daysC.R.S. § 38-12-105
ConnecticutLesser of $5/day up to $50, or 5% of the delinquent rent9 daysConn. Gen. Stat. § 47a-15a
DelawareMax 5% of monthly rent; landlord must maintain office in county or grace is 8 days5 days25 Del. C. § 5501(d)
District of ColumbiaMax 5% of monthly rent5 daysD.C. Code § 42-3505.31
FloridaNo statutory cap
Fee must be reasonable and stated in the lease
None requiredFla. Stat. § 83.45
GeorgiaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
HawaiiMax 8% of the rent dueNone requiredHaw. Rev. Stat. § 521-21(f)
IdahoNo statutory cap
Fee must be reasonable and stated in the lease
None requiredNo statute; lease governs
IllinoisNo statewide cap; Chicago: $10 on first $500 of rent plus 5% of rent above $500None requiredChicago Mun. Code § 5-12-140
IndianaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
IowaRent ≤ $700/month: max $12/day, $60/month; rent > $700/month: max $20/day, $100/monthNone requiredIowa Code § 562A.9(4)
KansasNo statutory cap
Fee must be reasonable and stated in the lease
None requiredNo statute; lease governs
KentuckyNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
LouisianaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
MaineMax 4% of the monthly rent; must be disclosed in writing at lease signing15 days14 M.R.S. § 6028
MarylandMax 5% of the rent due per periodNone requiredMd. Code, Real Prop. § 8-208(d)(3)
MassachusettsNo cap; no late fee or interest may be charged until rent is 30 days late30 daysM.G.L. c. 186 § 15B(1)(c)
MichiganNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
MinnesotaMax 8% of the overdue rent payment; must be in written leaseNone requiredMinn. Stat. § 504B.177
MississippiNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
MissouriNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
MontanaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
NebraskaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
NevadaMax 5% of the periodic rent3 daysNev. Rev. Stat. § 118A.210
New HampshireNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
New JerseyNo cap; 5-business-day grace period applies only to tenants receiving Social Security, pension or disability benefitsNone requiredN.J.S.A. 2A:42-6.1
New MexicoMax 10% of the rent for the rental periodNone requiredN.M. Stat. § 47-8-15(D)
New YorkLesser of $50 or 5% of the monthly rent5 daysN.Y. Real Prop. Law § 238-a
North CarolinaMonthly rent: greater of $15 or 5% of rent; weekly rent: greater of $4 or 5%5 daysN.C. Gen. Stat. § 42-46
North DakotaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
OhioNo statutory cap
Fee must be reasonable and stated in the lease
None requiredNo statute; lease governs
OklahomaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
OregonReasonable flat fee, or up to 5% of monthly rent per 5-day late period, or daily fee up to 6% of the reasonable flat fee; must be in written lease4 daysORS 90.260
PennsylvaniaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
Rhode IslandNo cap; late fee may not be charged until rent is 15 days late15 daysR.I. Gen. Laws § 34-18-35
South CarolinaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
South DakotaNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs
TennesseeMax 10% of the amount past due5 daysTenn. Code § 66-28-201(d)
TexasMax 12% of monthly rent for buildings with 4 or fewer units; 10% for 5+ units; fee must be in written lease2 daysTex. Prop. Code § 92.019
UtahMax greater of $75 or 10% of the monthly rentNone requiredUtah Code § 57-22-4(5)
VermontNo statutory cap
Fee must be reasonable and stated in the lease
None requiredHighgate Assocs. v. Merryfield, 157 Vt. 313 (1991)
VirginiaMax lesser of 10% of the periodic rent or 10% of the remaining balance dueNone requiredVa. Code § 55.1-1204(E)
WashingtonMax 1.5% of the tenant's total monthly rent (HB 1217, 2025); no fee if paid within 5 days of due date5 daysRCW 59.18.170
West VirginiaNo statutory cap
Fee must be stated in the lease
None requiredW. Va. Code § 37-6A-1(14)
WisconsinNo statutory cap
Fee must be stated in the lease
None requiredWis. Admin. Code ATCP 134.09(8)
WyomingNo statutory cap
Fee must be stated in the lease
None requiredNo statute; lease governs

How to read this table

Maximum late fee is the statutory ceiling. "No statutory cap" means the legislature has not set a number; courts in those states still strike fees that look like penalties rather than a reasonable estimate of the landlord's loss, and the fee must be in the written lease. Grace period is the number of days after the due date during which no fee may be charged; "None required" means the statute is silent and the lease controls. Statute is the section to read before you rely on a figure.

Local rules can be stricter than the state: Chicago caps fees at $10 on the first $500 of rent plus 5% of the remainder (Chicago Mun. Code § 5-12-140), and several rent-stabilized housing programs have their own limits.

Put the right fee in your lease

Our state-specific residential lease applies the cap and grace period above automatically for the state you pick — the late-fee clause is generated from the same data as this table, and the form refuses a fee that exceeds the statute.

Cite this page

FormsByState, "Late Fee Caps by State (2026): Maximum Rent Late Fees and Grace Periods in All 50 States + DC," https://formsbystate.com/guides/late-fee-caps-by-state/ (reviewed September 2026). Free to link and quote with attribution.

Questions

Is there a federal limit on rent late fees?

No. Late fees on residential rent are set by state law, and in a few cities by local ordinance (for example Chicago). Where a state has no statute, courts still require the fee to be a reasonable estimate of the landlord's cost, not a penalty.

Can a landlord charge a late fee that is not written in the lease?

In almost every state, no: the fee must appear in the written lease before it can be collected. Several statutes say so expressly (Texas, Colorado, Minnesota, Maine, Oregon), and in the rest the lease is the only source of the landlord's right to charge it.

What is a grace period?

The number of days after the due date during which rent can be paid with no late fee. 14 jurisdictions require one by statute — from 2 days (Texas) to 30 days (Massachusetts). Elsewhere the lease decides, and many landlords give 3–5 days by custom.

What happens if a landlord charges more than the cap?

The excess is uncollectable, and in some states the landlord owes a penalty. Texas, for instance, lets the tenant recover $100 plus three times the amount of the fee that exceeded the cap, plus attorney's fees (Tex. Prop. Code § 92.019(c)).

Do these caps apply to commercial leases?

Generally no. The statutes in this table cover residential tenancies. Commercial late fees are governed by the lease and the general law of liquidated damages.

How current is this table?

The data was last reviewed in September 2026 and is the same dataset our state-specific lease template enforces. Statutes change; check the cited section before relying on a figure, and tell us if you find one we missed.

This page is general information about state statutes, not legal advice, and FormsByState is not a law firm. Statutes change; verify the cited section for your situation.