Late fee laws by state
How much you can charge for late rent depends on where the property is. A few states set hard caps. Most only require the fee to be "reasonable" — which courts do enforce. And some cities regulate more tightly than their states do. Here's the rule where you are, with the statute linked.
| State | The limit | Grace period |
|---|---|---|
| California | No cap — must be reasonable | No statutory grace period |
| Texas | Safe harbor: 12% (≤4 units) / 10% (5+) | Two full days after the due date (statute) |
| Illinois | No statewide cap; Chicago has one | No statewide grace period; Chicago's ordinance and some leases add one |
| New York | $50 or 5% — whichever is LESS | Five days (statute) |
| Florida | No cap — must be reasonable | No statutory grace period |
| Pennsylvania | No cap — must be reasonable | No statutory grace period |
| Ohio | No cap — must be reasonable | No statutory grace period |
| Georgia | No cap — lease controls | No statutory grace period |
| North Carolina | $15 or 5% — whichever is GREATER | Five days (statute) |
| Arizona | No cap — reasonable + in the written lease | None by statute |
| Michigan | No cap — must be reasonable | No statutory grace period |
| Massachusetts | No fee until rent is 30 DAYS late | 30 days (statute), non-waivable |
| New Jersey | No cap — must be reasonable | Five business days |
| Tennessee | 10% of the past-due amount (large counties) | Five days, counted from and including the due date |
| Virginia | 10% of rent or of the balance due — whichever is LESS | None by statute when there's a written lease |
| Washington | No statewide cap; local rules matter | No statewide grace period; Seattle and some cities require one |
| Colorado | Greater of $50 or 5% of the overdue rent, after 7 days | 7 calendar days by statute |
| Maryland | 5% of the rent due for the period | None by statute |
| Minnesota | 8% of the overdue rent, and only if the lease says so | None by statute |
| Missouri | No cap — reasonable + in the written lease | None by statute |
| Wisconsin | No cap — must be in the written agreement and reasonable | None by statute |
| Indiana | No cap — reasonable + in the lease | None by statute |
States are added as each statute is verified. Don't see yours? The general rules still apply: put the fee in the lease, keep it proportionate, and charge it consistently.
Setting a late fee that holds up
Three principles work in every state: the fee has to be in the lease, it has to look like an estimate of your actual costs rather than a punishment, and it has to be applied the same way every month. Use the late fee calculator to see what a flat, percentage, or per-day structure actually charges — and what your state allows.
Not legal advice. These pages summarize state statutes for general information, with the law linked on each page. Cities can be stricter than states, statutes change, and lease language matters. For a dispute, talk to a local attorney.