Maximum Late Rent Fees By State

Last Updated: September 6, 2023 by Ashley Porter

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 Florida, 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 No maximum, must be reasonable
Delaware 5% of the monthly rent
Florida No maximum, must be reasonable
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.