Late fee laws by state
Grace periods and late-fee caps for rent in all 50 states and DC. Every row links to the state’s rule and the statute behind it.
Late fee laws by state
| State | Grace period | Cap | Source |
|---|---|---|---|
| Alabama | None required | No set cap | Statute |
| Alaska | None required | No set cap | Official summary |
| Arizona | None required | No set cap | Statute |
| Arkansas | None required | No set cap | Statute |
| California | None required | No set cap | Statute |
| Colorado | 7 days | Greater of $50 or 5% of the past-due rent | Statute |
| Connecticut | 9 days | Lesser of $5 per day up to $50, or 5% of the delinquent rent | Statute |
| Delaware | 5 days | 5% of monthly rent | Statute |
| District of Columbia | 5 days | 5% of the rent due | Statute |
| Florida | None required | No set cap | Statute |
| Georgia | None required | No set cap | Statute |
| Hawaii | None required | 8% of the rent due | Statute |
| Idaho | None required | No set cap | Statute |
| Illinois | None required | No set cap | Statute |
| Indiana | None required | No set cap | Statute |
| Iowa | None required | Rent up to $700/month: $12 per day, max $60 per month; rent over $700: $20 per day, max $100 per month | Statute |
| Kansas | None required | No set cap | Statute |
| Kentucky | No statewide rule | No statewide rule | No statewide rule found |
| Louisiana | No statewide rule | No statewide rule | No statewide rule found |
| Maine | 15 days | 4% of one month’s rent | Statute |
| Maryland | None required | 5% of the rent due for the period | Statute |
| Massachusetts | 30 days | No set cap | Statute |
| Michigan | None required | No set cap | Official summary |
| Minnesota | None required | 8% of the overdue rent payment | Statute |
| Mississippi | None required | No set cap | Official summary |
| Missouri | None required | No set cap | Official summary |
| Montana | No statewide rule | No statewide rule | No statewide rule found |
| Nebraska | No statewide rule | No statewide rule | No statewide rule found |
| Nevada | 3 days | 5% of the periodic rent | Statute |
| New Hampshire | No statewide rule | No statewide rule | No statewide rule found |
| New Jersey | No fixed period | No set cap | Official summary |
| New Mexico | None required | 5% of the rent for each rental period in default | Statute |
| New York | 5 days | Lesser of $50 or 5% of the monthly rent | Statute |
| North Carolina | 5 days | Monthly rent: greater of $15 or 5% of the rent; weekly rent: greater of $4 or 5% | Statute |
| North Dakota | None required | No set cap | Official summary |
| Ohio | None required | No set cap | Statute |
| Oklahoma | None required | No set cap | Statute |
| Oregon | 4 days | Reasonable flat fee once per period; or a daily fee of up to 6% of a reasonable flat fee; or 5% of periodic rent per 5-day period late | Statute |
| Pennsylvania | None required | No set cap | Official summary |
| Rhode Island | None required | No set cap | Statute |
| South Carolina | None required | No set cap | Statute |
| South Dakota | None required | No set cap | Statute |
| Tennessee | 5 days | 10% of the amount of rent past due | Statute |
| Texas | 2 days | 12% of monthly rent (structures with 4 or fewer units) / 10% (more than 4 units), or a higher amount that does not exceed the landlord’s uncertain damages | Statute |
| Utah | None required | Greater of 10% of the agreed rent or $75 | Statute |
| Vermont | None required | No set cap | Statute |
| Virginia | None required | Lesser of 10% of the periodic rent or 10% of the remaining balance due | Statute |
| Washington | 5 days | No set cap | Statute |
| West Virginia | None required | No set cap | Statute |
| Wisconsin | None required | No set cap | Statute |
| Wyoming | None required | No set cap | Statute |
Rows marked “Official summary” come from a state agency or court guide rather than the statute text. Tap a column head to sort. Not legal advice. Statutes change; check the linked section.
Questions people ask
Which states cap late fees on rent?
17 states and DC cap them: Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Iowa, Maine, Maryland, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Tennessee, Texas, Utah and Virginia.
Most caps are 5% of the rent, some with a dollar floor or ceiling. Elsewhere the lease sets the fee, though courts can refuse one that works as a penalty rather than a fair estimate of the landlord’s costs.
Which states require a grace period for late rent?
12 states and DC do: Colorado (7 days), Connecticut (9 days), Delaware (5 days), the District of Columbia (5 days), Maine (15 days), Massachusetts (30 days), Nevada (3 days), New York (5 days), North Carolina (5 days), Oregon (4 days), Tennessee (5 days), Texas (2 days) and Washington (5 days).
Elsewhere state law sets no general grace period, so the lease decides when a fee can start. Many leases give 3 to 5 days anyway.
What if my state has no late-fee cap?
Then the lease sets the fee, and it has to be in the lease to be charged at all. Courts in many states still refuse a fee that works as a penalty rather than a fair estimate of what a late payment costs the landlord.
A flat $50 to $100, or 5% of the rent, is common. The late fee calculator shows what a lease’s fee comes to on your rent and dates.