North Carolina Late Rent Fee Law
Statute text last checked: October 23, 2026
Limit
Monthly rent: $15 or 5%, whichever is greater
When a fee can start
5 calendar days late
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Check your North Carolina lease →The rule (N.C. Gen. Stat. § 42-46(a))
In North Carolina, a late fee may be charged only if rent is five calendar days or more late (the first day being the day after rent was due), and only once per late payment.
Details
- Monthly rent: the late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. Weekly rent: $4 or 5% of the weekly rent, whichever is greater.
- A late fee may be imposed only one time for each late payment, and may not be deducted from a later rent payment so as to put that payment in default (§ 42-46(b)).
- No late fee may be charged for failure to pay water or sewer charges billed under G.S. 62-110(g) (§ 42-46(d)).
Frequently asked questions
What is the maximum late fee in North Carolina?
For monthly rent, $15 or 5% of the monthly rent, whichever is greater (G.S. 42-46(a)).
Is there a grace period for rent in North Carolina?
Yes. A late fee can be charged only when rent is five calendar days or more late.
Sources
- N.C. Gen. Stat. § 42-46 (official text)
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