Residential late fee rules fall into two groups. Some states write an explicit ceiling into their code — a percentage of rent, a flat dollar amount, or a mandatory grace period before any fee applies. The rest are silent on the amount, which leaves the lease to supply it, subject to the general contract-law principle that a fee operating as a penalty is treated differently from one that approximates real costs.
Select a jurisdiction below for its rule, a calculator pre-filled with it, and what a fee at that level costs across common rent levels.
States With a Statutory Cap or Mandatory Grace Period
Each figure below is quoted from the state's statute and links to the official code. Verified as of June 13, 2026 and October 2, 2026. Laws change — the link goes to the current text.
| State | Statutory late fee limit | Grace period | Statute |
|---|---|---|---|
| Colorado | Greater of $50 or 5% of past-due rent | 7 days | C.R.S. § 38-12-105 |
| Connecticut | Lesser of $5/day (max $50) or 5% of rent | Rent must remain unpaid for nine days after the due date (four days for a one-week tenancy) | Conn. Gen. Stat. § 47a-15a |
| Delaware | 5% of monthly rent | 5 days | 25 Del. C. § 5501 |
| District of Columbia | 5% of the full rent due | 5 days | D.C. Code § 42-3505.31 |
| Hawaii | 8% of the rent due | None required by statute | Haw. Rev. Stat. § 521-21 |
| Iowa | Rent ≤ $700: $12/day or $60/mo. Rent > $700: $20/day or $100/mo | None required by statute | Iowa Code § 562A.9 |
| Maine | 4% of one month's rent | 15 days | 14 M.R.S. § 6028 |
| Maryland | 5% of the overdue rent (weekly: $3/payment, max $12/mo) | None required by statute | Md. Real Prop. § 8-208 |
| Massachusetts | No fee until rent is 30 days overdue | 30 days | M.G.L. ch. 186, § 15B |
| Minnesota | 8% of the overdue rent payment | None required by statute | Minn. Stat. § 504B.177 |
| Nevada | 5% of the periodic rent | 3 days | Nev. Rev. Stat. § 118A.210 |
| New Mexico | 10% of the rent for each period in default | None required by statute | N.M. Stat. § 47-8-15 |
| New York | Lesser of $50 or 5% of monthly rent | 5 days | N.Y. Real Prop. Law § 238-a |
| North Carolina | Greater of $15 or 5% of monthly rent | 5 days | N.C. Gen. Stat. § 42-46 |
| Oregon | Flat 5% of rent, or a daily charge ≤ 6% of that flat fee | 4 days (a fee may apply from day 5) | Or. Rev. Stat. § 90.260 |
| Tennessee | 10% of the past-due rent | 5 days | Tenn. Code § 66-28-201 |
| Texas | Presumed reasonable if ≤ 12% (≤ 4 units) or ≤ 10% (> 4 units) | Rent must be at least one full day late | Tex. Prop. Code § 92.019 |
| Utah | Greater of 10% of rent or $75 | None required by statute | Utah Code § 57-22-4 |
| Virginia | Lesser of 10% of periodic rent or 10% of the balance due | 5 days | Va. Code § 55.1-1204 |
| Washington | No statutory percentage cap; 5-day grace required | 5 days | RCW 59.18.170 |
States Where the Lease Sets the Figure
These jurisdictions do not set a statutory ceiling on a residential late fee. That does not mean no limit applies — general contract-law limits on penalty clauses still operate, and a city or county ordinance may cap fees where the state has not.
| Jurisdiction | What sets the late fee |
|---|---|
| Alabama | No statutory cap — set by the lease |
| Alaska | No statutory cap — set by the lease |
| Arizona | No statutory cap — set by the lease |
| Arkansas | No statutory cap — set by the lease |
| California | No statutory cap — set by the lease |
| Florida | No statutory cap — set by the lease |
| Georgia | No statutory cap — set by the lease |
| Idaho | No statutory cap — set by the lease |
| Illinois | No statutory cap — set by the lease |
| Indiana | No statutory cap — set by the lease |
| Kansas | No statutory cap — set by the lease |
| Kentucky | No statutory cap — set by the lease |
| Louisiana | No statutory cap — set by the lease |
| Michigan | No statutory cap — set by the lease |
| Mississippi | No statutory cap — set by the lease |
| Missouri | No statutory cap — set by the lease |
| Montana | No statutory cap — set by the lease |
| Nebraska | No statutory cap — set by the lease |
| New Hampshire | No statutory cap — set by the lease |
| New Jersey | No statutory cap — set by the lease |
| North Dakota | No statutory cap — set by the lease |
| Ohio | No statutory cap — set by the lease |
| Oklahoma | No statutory cap — set by the lease |
| Pennsylvania | No statutory cap — set by the lease |
| Rhode Island | No statutory cap — set by the lease |
| South Carolina | No statutory cap — set by the lease |
| South Dakota | No statutory cap — set by the lease |
| Vermont | No statutory cap — set by the lease |
| West Virginia | No statutory cap — set by the lease |
| Wisconsin | No statutory cap — set by the lease |
| Wyoming | No statutory cap — set by the lease |
Common Questions
Which states cap rent late fees?
Twenty jurisdictions set an explicit statutory ceiling or a mandatory grace period: Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia and Washington. The remaining states leave the amount to the lease, subject to general contract-law limits on penalty clauses.
What is a typical rent late fee?
Among states that cap the fee, the ceiling clusters between 4% and 10% of monthly rent. Maine is the lowest at 4%; Tennessee, New Mexico, Utah and Virginia sit at 10%. New York applies a hard dollar ceiling of $50 alongside its 5% figure, which binds once rent passes $1,000 a month.
Does a grace period have to be in the lease to apply?
It depends on the state. Where a statute mandates a grace period — Massachusetts at 30 days, Maine at 15, Colorado at 7 — that period applies regardless of what the lease says, because a statutory protection is not waivable by contract. Where no statute mandates one, a grace period applies only if the lease provides it.
Do these caps apply to commercial leases?
No. Statutory late fee caps are residential landlord-tenant provisions. Commercial leases carry no comparable ceiling in any state, so a commercial late fee is whatever the parties negotiated.