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 the full rules with 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 31 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 July 10, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Alaska verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Arizona verified July 9, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Arkansas verified July 10, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| California verified July 7, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Colorado verified July 9, 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 rules & citations |
| Connecticut verified July 10, 2026 | Lesser of (1) $5 per day up to a maximum of $50, or (2) 5% of the delinquent rent payment — computed on the tenant's share only, where a governmental or charitable entity pays part of the rent; and no more than ONE late charge per delinquent rent payment | 9 days | Yes | Full rules & citations |
| Delaware verified July 11, 2026 | 5% of the monthly rent (25 Del. C. § 5501(d)) | 5 days | Yes | Full rules & citations |
| Florida verified July 8, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Georgia verified July 8, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Hawaii verified July 11, 2026 | 8% of the amount of rent due (HRS 521-21(f)) | None mandated | Yes | Full rules & citations |
| Idaho verified July 11, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Illinois verified July 8, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Indiana verified July 10, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Iowa verified July 10, 2026 | Tiered by monthly rent (562A.9(4)): rent of $700/month or less — late fee may not exceed $12 per day or $60 total per month; rent greater than $700/month — late fee may not exceed $20 per day or $100 total per month. | None mandated | Yes | Full rules & citations |
| Kansas verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Kentucky verified July 10, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Louisiana verified July 9, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Maine verified July 11, 2026 | 4% of the amount due for one month (14 M.R.S. § 6028(2)) | 15 days | Yes | Full rules & citations |
| Maryland verified July 9, 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 | Yes | Full rules & citations |
| Massachusetts verified July 8, 2026 | No statutory cap | 30 days | Yes | Full rules & citations |
| Michigan verified July 7, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Minnesota verified July 9, 2026 | 8% of the overdue rent payment | None mandated | Yes | Full rules & citations |
| Mississippi verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Missouri verified July 9, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Montana verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Nebraska verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Nevada verified July 10, 2026 | 5% of the amount of the periodic rent | 3 days | Yes | Full rules & citations |
| New Hampshire verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| New Jersey verified July 8, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| New Mexico verified July 11, 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 rules & citations |
| New York verified July 8, 2026 | $50 or 5% of the monthly rent, whichever is less | 5 days | Yes | Full rules & citations |
| North Carolina verified July 8, 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 rules & citations |
| North Dakota verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Ohio verified July 8, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Oklahoma verified July 9, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Oregon verified July 9, 2026 | Three exclusive structures (ORS 90.260(2)): (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 rules & citations |
| Pennsylvania verified July 8, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Rhode Island verified July 11, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| South Carolina verified July 9, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| South Dakota verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Tennessee verified July 9, 2026 | 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 rules & citations |
| Texas verified July 7, 2026 | Safe harbor: a late fee is presumptively reasonable up to 12% of monthly rent (structure with 4 or fewer units) or 10% (more than 4 units); higher fees are lawful only if justified as uncertain damages from late payment (§ 92.019(a-1)). Initial + daily fees combine into a single fee for the cap. | 2 days | Yes | Full rules & citations |
| Utah verified July 10, 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 rules & citations |
| Vermont verified July 12, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Virginia verified July 9, 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 rules & citations |
| Washington verified July 8, 2026 | No statutory cap | 5 days | Yes | Full rules & citations |
| West Virginia verified July 11, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
| Wisconsin verified July 9, 2026 | No statutory cap | None mandated | Yes | Full rules & citations |
| Wyoming verified July 12, 2026 | No statutory cap | None mandated | Not addressed by statute | Full rules & citations |
No figure appears here unless it was verified against official state sources on the date shown — see how we verify.