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. 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 |
| Delaware | 5% of monthly rent | 5 days | 25 Del. C. § 5501 |
| 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 |
| Connecticut | No statutory cap — set by the lease |
| District of Columbia | 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?
Eighteen jurisdictions set an explicit statutory ceiling or a mandatory grace period: Colorado, Delaware, 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.