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.
- 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.
| State | Maximum late fee | Grace period (statutory) | Statute |
|---|---|---|---|
| Alabama | No statutory cap Fee must be stated in the lease | None required | Ala. Code § 35-9A-161 |
| Alaska | No statutory cap Fee must be stated in the lease | None required | Alaska Stat. § 34.03.020 |
| Arizona | No statutory cap Fee must be reasonable and stated in the lease | None required | A.R.S. § 33-1368(B) |
| Arkansas | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| California | Must be a reasonable estimate of landlord's actual damages; no statutory percentage cap | None required | Cal. Civ. Code § 1671(d) |
| Colorado | Greater of $50 or 5% of the past-due rent; may not be charged unless disclosed in lease | 7 days | C.R.S. § 38-12-105 |
| Connecticut | Lesser of $5/day up to $50, or 5% of the delinquent rent | 9 days | Conn. Gen. Stat. § 47a-15a |
| Delaware | Max 5% of monthly rent; landlord must maintain office in county or grace is 8 days | 5 days | 25 Del. C. § 5501(d) |
| District of Columbia | Max 5% of monthly rent | 5 days | D.C. Code § 42-3505.31 |
| Florida | No statutory cap Fee must be reasonable and stated in the lease | None required | Fla. Stat. § 83.45 |
| Georgia | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Hawaii | Max 8% of the rent due | None required | Haw. Rev. Stat. § 521-21(f) |
| Idaho | No statutory cap Fee must be reasonable and stated in the lease | None required | No statute; lease governs |
| Illinois | No statewide cap; Chicago: $10 on first $500 of rent plus 5% of rent above $500 | None required | Chicago Mun. Code § 5-12-140 |
| Indiana | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Iowa | Rent ≤ $700/month: max $12/day, $60/month; rent > $700/month: max $20/day, $100/month | None required | Iowa Code § 562A.9(4) |
| Kansas | No statutory cap Fee must be reasonable and stated in the lease | None required | No statute; lease governs |
| Kentucky | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Louisiana | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Maine | Max 4% of the monthly rent; must be disclosed in writing at lease signing | 15 days | 14 M.R.S. § 6028 |
| Maryland | Max 5% of the rent due per period | None required | Md. Code, Real Prop. § 8-208(d)(3) |
| Massachusetts | No cap; no late fee or interest may be charged until rent is 30 days late | 30 days | M.G.L. c. 186 § 15B(1)(c) |
| Michigan | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Minnesota | Max 8% of the overdue rent payment; must be in written lease | None required | Minn. Stat. § 504B.177 |
| Mississippi | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Missouri | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Montana | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Nebraska | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Nevada | Max 5% of the periodic rent | 3 days | Nev. Rev. Stat. § 118A.210 |
| New Hampshire | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| New Jersey | No cap; 5-business-day grace period applies only to tenants receiving Social Security, pension or disability benefits | None required | N.J.S.A. 2A:42-6.1 |
| New Mexico | Max 10% of the rent for the rental period | None required | N.M. Stat. § 47-8-15(D) |
| New York | Lesser of $50 or 5% of the monthly rent | 5 days | N.Y. Real Prop. Law § 238-a |
| North Carolina | Monthly rent: greater of $15 or 5% of rent; weekly rent: greater of $4 or 5% | 5 days | N.C. Gen. Stat. § 42-46 |
| North Dakota | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Ohio | No statutory cap Fee must be reasonable and stated in the lease | None required | No statute; lease governs |
| Oklahoma | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Oregon | Reasonable 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 lease | 4 days | ORS 90.260 |
| Pennsylvania | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Rhode Island | No cap; late fee may not be charged until rent is 15 days late | 15 days | R.I. Gen. Laws § 34-18-35 |
| South Carolina | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| South Dakota | No statutory cap Fee must be stated in the lease | None required | No statute; lease governs |
| Tennessee | Max 10% of the amount past due | 5 days | Tenn. Code § 66-28-201(d) |
| Texas | Max 12% of monthly rent for buildings with 4 or fewer units; 10% for 5+ units; fee must be in written lease | 2 days | Tex. Prop. Code § 92.019 |
| Utah | Max greater of $75 or 10% of the monthly rent | None required | Utah Code § 57-22-4(5) |
| Vermont | No statutory cap Fee must be reasonable and stated in the lease | None required | Highgate Assocs. v. Merryfield, 157 Vt. 313 (1991) |
| Virginia | Max lesser of 10% of the periodic rent or 10% of the remaining balance due | None required | Va. Code § 55.1-1204(E) |
| Washington | Max 1.5% of the tenant's total monthly rent (HB 1217, 2025); no fee if paid within 5 days of due date | 5 days | RCW 59.18.170 |
| West Virginia | No statutory cap Fee must be stated in the lease | None required | W. Va. Code § 37-6A-1(14) |
| Wisconsin | No statutory cap Fee must be stated in the lease | None required | Wis. Admin. Code ATCP 134.09(8) |
| Wyoming | No statutory cap Fee must be stated in the lease | None required | No 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.