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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.
StateLimitWhen a fee can startStatute
Texas10% (5+ units) or 12% (4 or fewer units) of monthly rent is presumed reasonableRent unpaid 2 full days after due dateTex. Prop. Code § 92.019
New York$50 or 5% of monthly rent, whichever is lessRent unpaid more than 5 days after due dateN.Y. Real Prop. Law § 238-a(2)
North CarolinaMonthly rent: $15 or 5%, whichever is greater5 calendar days lateN.C. Gen. Stat. § 42-46(a)
VirginiaLesser of 10% of periodic rent or 10% of remaining balanceSet by the written leaseVa. Code § 55.1-1204(E)
MassachusettsNo interest or penalty until rent is 30 days late30 daysM.G.L. c.186 § 15B(1)(c)
Maine4% of one month's rent15 days14 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.

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