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 capGrace periodMust be in lease Details
Alabama verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Alaska verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Arizona verified October 1, 2026 No statutory capNone mandatedYes Full law & citations
Arkansas verified October 2, 2026 , 1 held No statutory capNone mandatedNot addressed by statute Full law & citations
California verified October 1, 2026 No statutory capNone mandatedYes 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 daysYes 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 daysYes Full law & citations
Delaware verified October 1, 2026 5% of the monthly rent (25 Del. C. § 5501(d))5 daysYes Full law & citations
Florida verified October 1, 2026 No statutory capNone mandatedYes Full law & citations
Georgia verified October 2, 2026 , 1 held No statutory capNone mandatedNot addressed by statute Full law & citations
Hawaii verified October 1, 2026 8% of the amount of rent due (HRS 521-21(f))None mandatedNot addressed by statute Full law & citations
Idaho verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Illinois verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Indiana verified October 2, 2026 No statutory capNone mandatedNot 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 mandatedNot addressed by statute Full law & citations
Kansas verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Kentucky verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Louisiana verified October 1, 2026 No statutory capNone mandatedYes Full law & citations
Maine verified October 1, 2026 4% of the amount due for one month (14 M.R.S. § 6028(2))15 daysNot 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 mandatedNot addressed by statute Full law & citations
Massachusetts verified October 1, 2026 No statutory cap30 daysYes Full law & citations
Michigan verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Minnesota verified October 1, 2026 8% of the overdue rent paymentNone mandatedYes Full law & citations
Mississippi verified October 2, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Missouri verified October 2, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Montana verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Nebraska verified October 2, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Nevada verified October 1, 2026 5% of the amount of the periodic rent3 daysYes Full law & citations
New Hampshire verified July 11, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
New Jersey verified October 1, 2026 No statutory capNone mandatedYes 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 mandatedYes Full law & citations
New York verified October 1, 2026 $50 or 5% of the monthly rent, whichever is less5 daysNot 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 daysYes Full law & citations
North Dakota verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Ohio verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Oklahoma verified October 2, 2026 No statutory capNone mandatedNot 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 daysYes Full law & citations
Pennsylvania verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Rhode Island verified October 1, 2026 No statutory capNone mandatedYes Full law & citations
South Carolina verified October 1, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
South Dakota verified October 2, 2026 No statutory capNone mandatedNot 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) only5 daysNot 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 daysYes 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 mandatedYes Full law & citations
Vermont verified October 1, 2026 No statutory capNone mandatedNot 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 mandatedYes Full law & citations
Washington verified October 1, 2026 No statutory cap5 daysYes Full law & citations
West Virginia verified October 2, 2026 No statutory capNone mandatedNot addressed by statute Full law & citations
Wisconsin verified October 1, 2026 No statutory capNone mandatedYes Full law & citations
Wyoming verified October 1, 2026 No statutory capNone mandatedNot 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.