Late Rent Fee Laws by State
Looking for a specific statute? See landlord-tenant statutes explained.
General information only, not legal advice; FlagMyLease is not a law firm. We list only states whose late-fee statute we have read in the official text. A state not listed here may still regulate late fees through other laws, local ordinances, or court decisions.
| State | Limit | When a fee can start | Statute |
|---|---|---|---|
| Texas | 10% (5+ units) or 12% (4 or fewer units) of monthly rent is presumed reasonable | Rent unpaid 2 full days after due date | Tex. Prop. Code § 92.019 |
| New York | $50 or 5% of monthly rent, whichever is less | Rent unpaid more than 5 days after due date | N.Y. Real Prop. Law § 238-a(2) |
| North Carolina | Monthly rent: $15 or 5%, whichever is greater | 5 calendar days late | N.C. Gen. Stat. § 42-46(a) |
| Virginia | Lesser of 10% of periodic rent or 10% of remaining balance | Set by the written lease | Va. Code § 55.1-1204(E) |
| Massachusetts | No interest or penalty until rent is 30 days late | 30 days | M.G.L. c.186 § 15B(1)(c) |
| Maine | 4% of one month's rent | 15 days | 14 M.R.S. § 6028 |
Frequently asked questions
Is there a legal limit on late rent fees?
It depends on the state. Some states set a cap or grace period by statute, such as New York (RPL § 238-a: $50 or 5%, whichever is less) and Texas (Prop. Code § 92.019). Others have no specific late-fee statute.
Which state has the longest wait before a late fee?
Of the states listed here, Massachusetts: no interest or penalty may be imposed until rent is 30 days late (M.G.L. c.186 § 15B(1)(c)).
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No spam. Informational tool, not legal advice; FlagMyLease is not a law firm.