Every state has different rules about rental late fees. Some cap the amount. Some require a grace period. Some leave it up to the lease. If you set your late fees wrong, you could face legal trouble or have the fee thrown out in court.
Here's a state-by-state overview. This is general guidance, not legal advice. Check your specific state and local laws before setting late fee policies.
| State | Grace Period Required? | Maximum Late Fee | Notes |
|---|---|---|---|
| Alabama | No | No statutory limit | Must be reasonable |
| Alaska | No | No statutory limit | Must be reasonable |
| Arizona | 5 days | No statutory limit | Must be reasonable and in the lease |
| Arkansas | No | No statutory limit | Must be reasonable |
| California | No (but common) | No statutory limit | Must be reasonable estimate of actual costs; courts often use 5-6% guideline |
| Colorado | No | $50 or 5% of rent (whichever is greater) | As of 2023 law change |
| Connecticut | 9 days | No statutory limit | Late fee cannot be charged before 10th day |
| Delaware | 5 days | 5% of monthly rent | |
| Florida | No (but common) | No statutory limit | Must be reasonable; must be in the lease |
| Georgia | No | No statutory limit | Must be reasonable |
| Hawaii | No | 8% of monthly rent | |
| Idaho | No | No statutory limit | Must be reasonable |
| Illinois | 5 days | No statutory limit | Chicago has additional restrictions |
| Indiana | No | No statutory limit | Must be reasonable |
| Iowa | No | $12/day for first 5 days, then $3/day | Specific daily cap structure |
| Kansas | No | No statutory limit | Must be reasonable |
| Kentucky | No | No statutory limit | Must be reasonable |
| Louisiana | No | No statutory limit | Must be reasonable |
| Maine | 15 days | 4% of monthly rent | |
| Maryland | No | 5% of monthly rent | |
| Massachusetts | 30 days | No statutory limit | Late fee cannot be charged until 30 days late |
| Michigan | No | No statutory limit | Must be reasonable |
| Minnesota | No | 8% of monthly rent | |
| Mississippi | No | No statutory limit | Must be reasonable |
| Missouri | No | No statutory limit | Must be reasonable |
| Montana | No | No statutory limit | Must be reasonable |
| Nebraska | No | No statutory limit | Must be reasonable |
| Nevada | 3-5 days (varies) | 5% of monthly rent | |
| New Hampshire | 15 days | No statutory limit | Must be reasonable |
| New Jersey | 5 days | No statutory limit | Must be reasonable; common practice is 5% |
| New Mexico | No | 10% of monthly rent | |
| New York | 5 days | $50 or 5% (whichever is less) | 2019 HSTPA changes |
| North Carolina | 5 days | $15 or 5% (whichever is greater) | |
| North Dakota | No | No statutory limit | Must be reasonable |
| Ohio | No | No statutory limit | Must be reasonable |
| Oklahoma | No | No statutory limit | Must be in the lease |
| Oregon | 4 days | 5% of monthly rent (first late fee); reasonable after | |
| Pennsylvania | No | No statutory limit | Must be reasonable |
| Rhode Island | 15 days | No statutory limit | Must be reasonable |
| South Carolina | No | No statutory limit | Must be reasonable |
| South Dakota | No | No statutory limit | Must be reasonable |
| Tennessee | 5 days | 10% of amount past due | |
| Texas | 2 days | 10% of rent (12% if apartment complex) | Grace period must be in lease; typical 3 days |
| Utah | No | No statutory limit | Must be reasonable |
| Vermont | No | No statutory limit | Must be reasonable |
| Virginia | 5 days | No statutory limit | Must be reasonable |
| Washington | No | No statutory limit | Must be reasonable; some cities have additional rules |
| West Virginia | No | No statutory limit | Must be reasonable |
| Wisconsin | No | No statutory limit | Must be reasonable |
| Wyoming | No | No statutory limit | Must be reasonable |
| DC | 5 days | 5% of monthly rent |
AnyRentCloud lets you set late fee rules per lease: amount (flat or percentage), grace period, and frequency (one-time or recurring). When rent is late, the fee is calculated and applied automatically. Consistent enforcement, no manual work, full records of what was charged and when.
Automate late fees. Stay compliant. Get paid on time.