Late Fee Laws by State
A 50-state comparison for residential rentals, with every state verified against official statutes. Each figure in this table comes from a statute verification pass against official state sources — each row shows its own verified date, and each state links to its own page with the full citations.
17 of the 50 states put a statutory cap on residential late fees; the other 33 leave the amount to the lease and a reasonableness standard. 12 states mandate a grace period before rent is late — 2 days to 30 days — and 20 require the fee to appear in the lease before a landlord can charge it.
| State | Statutory cap | Grace period | Must be in lease | Details |
|---|---|---|---|---|
| Alabama verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Alaska verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Arizona verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| Arkansas verified October 2, 2026 , 1 held | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| California verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| Colorado verified October 1, 2026 | The greater of $50 or 5% of the amount of the past-due rent payment (C.R.S. 38-12-105(1)(b)) | 7 days | Yes | Full law & citations |
| Connecticut verified October 1, 2026 | The cap is the lesser of (1) $5 per day up to a maximum of $50, or (2) 5% of the delinquent rent payment. No more than ONE late charge may be imposed per delinquent rent payment. Where a governmental or charitable entity pays part of the rent, the 5% arm is computed on the tenant's share only. | 9 days | Yes | Full law & citations |
| Delaware verified October 1, 2026 | 5% of the monthly rent (25 Del. C. § 5501(d)) | 5 days | Yes | Full law & citations |
| Florida verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| Georgia verified October 2, 2026 , 1 held | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Hawaii verified October 1, 2026 | 8% of the amount of rent due (HRS 521-21(f)) | None mandated | Not addressed by statute | Full law & citations |
| Idaho verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Illinois verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Indiana verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Iowa verified October 1, 2026 | Two hard tiers set by monthly rent. If rent is $700 a month or less, the late fee may not exceed $12 per day or $60 total per month; if rent is more than $700 a month, the ceiling is $20 per day or $100 total per month (562A.9(4)). | None mandated | Not addressed by statute | Full law & citations |
| Kansas verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Kentucky verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Louisiana verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| Maine verified October 1, 2026 | 4% of the amount due for one month (14 M.R.S. § 6028(2)) | 15 days | Not addressed by statute | Full law & citations |
| Maryland verified October 1, 2026 | 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent; for weekly-rent leases, $3 per week up to $12 per month (RP § 8-208(d)(3)) | None mandated | Not addressed by statute | Full law & citations |
| Massachusetts verified October 1, 2026 | No statutory cap | 30 days | Yes | Full law & citations |
| Michigan verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Minnesota verified October 1, 2026 | 8% of the overdue rent payment | None mandated | Yes | Full law & citations |
| Mississippi verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Missouri verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Montana verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Nebraska verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Nevada verified October 1, 2026 | 5% of the amount of the periodic rent | 3 days | Yes | Full law & citations |
| New Hampshire verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| New Jersey verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| New Mexico verified October 1, 2026 | 5% of the rent for each rental period the resident is in default (NMSA 47-8-15(D), as amended by Laws 2025, ch. 122, effective 2025-06-20) The base is rent only: late-fee calculations shall not include deposits, additional fees or utilities. | None mandated | Yes | Full law & citations |
| New York verified October 1, 2026 | $50 or 5% of the monthly rent, whichever is less | 5 days | Not addressed by statute | Full law & citations |
| North Carolina verified October 1, 2026 | $15 or 5% of the monthly rent, whichever is greater (monthly rent); $4 or 5% of the weekly rent, whichever is greater (weekly rent) | 5 days | Yes | Full law & citations |
| North Dakota verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Ohio verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Oklahoma verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Oregon verified October 1, 2026 | No dollar cap — instead one of exactly three exclusive fee structures under ORS 90.260(2), and a charge outside them is not collectible The three structures are: (a) a reasonable flat amount charged once per rental period, 'reasonable' meaning the customary amount charged by landlords for that rental market; (b) a reasonable per-day charge beginning on the fifth day of the rental period, capped at 6% of the paragraph-(a) flat amount per day; or (c) 5% of the periodic rent payment, charged once for each succeeding five-day period (or portion) the rent remains delinquent. | 4 days | Yes | Full law & citations |
| Pennsylvania verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Rhode Island verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| South Carolina verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| South Dakota verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Tennessee verified October 2, 2026 , 4 held | 10% of the amount of rent past due (T.C.A. § 66-28-201(d)) — URLTA counties (over 75,000 population, 2010 census) only | 5 days | Not addressed by statute | Full law & citations |
| Texas verified October 1, 2026 | Safe harbor: a late fee is considered reasonable if it is not more than 12% of the rent for the rental period (structure with 4 or fewer dwelling units) or 10% (more than 4 units); a higher fee is considered reasonable if it is not more than the landlord's uncertain damages related to the late payment, including direct or indirect expenses, costs, or overhead associated with collecting late payment (§ 92.019(a-1)). Initial + daily fees combine into a single fee for the cap. | 2 days | Yes | Full law & citations |
| Utah verified October 1, 2026 | The greater of 10% of the rent agreed to in the rental agreement or $75 (Utah Code 57-22-4(5)(a)) | None mandated | Yes | Full law & citations |
| Vermont verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Virginia verified October 1, 2026 | The lesser of 10% of the periodic rent or 10% of the remaining balance due and owed by the tenant (§ 55.1-1204(E)) | None mandated | Yes | Full law & citations |
| Washington verified October 1, 2026 | No statutory cap | 5 days | Yes | Full law & citations |
| West Virginia verified October 2, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
| Wisconsin verified October 1, 2026 | No statutory cap | None mandated | Yes | Full law & citations |
| Wyoming verified October 1, 2026 | No statutory cap | None mandated | Not addressed by statute | Full law & citations |
No figure appears here unless it was verified against official state sources on the date shown — see how we verify.