20 states limit the amount landlords can charge if tenants are late on their rent payments, like in New York, where the limit is the greater of $50 or 5% of the rent payment. However, most states, like Pennsylvania, leave it up to the landlord to determine a reasonable late fee.
| State | Maximum Late Rent Fee |
|---|---|
| Alabama | No maximum, must be reasonable |
| Alaska | Estimated cost + interest |
| Arizona | $5/day (mobile homes) None (other housing types) |
| Arkansas | No maximum |
| California | No maximum, must be reasonable |
| Colorado | $50 or 5% of the rent due (whichever is greater) |
| Connecticut | $5/day up to a maximum $50, OR 5% of the late rental payment |
| Delaware | 5% of the monthly rent |
| Florida | $20 or 20% of the rent due (whichever is greater) |
| Georgia | No maximum, must be reasonable |
| Hawaii | 8% of the rent due |
| Idaho | No maximum |
| Illinois | No maximum, must be reasonable |
| Indiana | No maximum, must be reasonable |
| Iowa | $12/day up to $60 (rent below $700) $20/day up to $100 (rent over $700) |
| Kansas | No maximum, must be reasonable |
| Kentucky | No maximum, must be reasonable |
| Louisiana | No maximum, must be reasonable |
| Maine | 4% of the monthly rent |
| Maryland | 5% of the rent due (monthly rent payments) $3/week up to $12 (weekly rent payments) |
| Massachusetts | No maximum, must be reasonable |
| Michigan | No maximum, must be reasonable |
| Minnesota | 8% of the rent due |
| Mississippi | No maximum |
| Missouri | No maximum |
| Montana | No maximum |
| Nebraska | No maximum, must be reasonable |
| Nevada | 5% of the monthly rent |
| New Hampshire | No maximum, must be reasonable |
| New Jersey | No maximum, must be reasonable |
| New Mexico | 10% of the monthly rent |
| New York | $50 or 5% of the monthly rent (whichever is greater) |
| North Carolina | $15 or 5% of a monthly payment $4 or 5% of a weekly payment (whichever is greater) |
| North Dakota | No maximum, must be reasonable |
| Ohio | No maximum, must be reasonable |
| Oklahoma | No maximum, must be reasonable |
| Oregon | Flat fee: must be reasonable Per-day fee: 6% of the flat fee 5-day period late fee: 5% of the monthly rent |
| Pennsylvania | No maximum, must be reasonable |
| Rhode Island | No maximum, must be reasonable |
| South Carolina | No maximum, must be reasonable |
| South Dakota | No maximum |
| Tennessee | 10% of the rent due |
| Texas | 10% of monthly rent (buildings < 5 units) 12% of monthly rent (buildings with 5+ units) (or actual cost to landlord if it is higher) |
| Utah | $75 or 10% of the monthly rent |
| Vermont | Estimate of actual costs |
| Virginia | 10% of the monthly rent or 10% of the rent due (whichever is less) |
| Washington | No maximum, must be reasonable |
| Washington D.C. | 5% of the rent due |
| West Virginia | No maximum, must be reasonable |
| Wisconsin | No maximum, must be reasonable |
| Wyoming | No maximum, must be reasonable |
In addition to the state requirement, be sure to check your local laws, which may be different. For example, California state law does not regulate late rent fees, but West Hollywood Municipal Code limits the fee to 1% of the monthly rent.
What is a Reasonable Late Fee?
Based on existing state laws and case law, approximately 5% to 10% of the monthly rent payment is a reasonable amount to charge for late rent. Alternatively, landlords can determine a reasonable fee based on the actual cost of the late rent, like the fee for a late mortgage payment.
Sources
- 1 Conn. Gen. Stat. § 47a-15a(b)
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If a rental agreement contains a valid written agreement to pay a late charge in accordance with subsection (a) of section 47a-4, a landlord may assess a tenant such a late charge on a rent payment made subsequent to the grace period in accordance with this section. Such late charge may not exceed the lesser of (1) five dollars per day, up to a maximum of fifty dollars, or (2) five per cent of the delinquent rent payment or, in the case of a rental agreement paid in whole or in part by a governmental or charitable entity, five per cent of the tenant’s share of the delinquent rent payment. The landlord may not assess more than one late charge upon a delinquent rent payment, regardless of how long the rent remains unpaid.
- 2 Fla. Stat. § 83.808(3)
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A facility or unit owner may charge a tenant a reasonable late fee for each period that he or she does not pay rent due under the rental agreement. The amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement or in an addendum to such agreement. For purposes of this subsection, a late fee of $20, or 20 percent of the monthly rent, whichever is greater, is reasonable and does not constitute a penalty. In addition to late fees, a facility or unit owner may also charge a tenant a reasonable fee for any expenses incurred as a result of rent collection or lien enforcement.
