Virginia Late Rent Fee Law
Statute text last checked: October 23, 2026
Limit
Lesser of 10% of periodic rent or 10% of remaining balance
When a fee can start
Set by the written lease
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Check your Virginia lease →The rule (Va. Code § 55.1-1204(E))
A Virginia landlord may charge a late fee only if the written rental agreement provides for it, and the fee may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed.
Details
- If no written rental agreement is offered, rent is due on the first and is late if not paid by the fifth of the month (§ 55.1-1204(C)).
- These rules are from the version of § 55.1-1204 in effect until July 1, 2027; a later version is scheduled to take effect then.
Frequently asked questions
What is the maximum late fee in Virginia?
The lesser of 10% of the periodic rent or 10% of the remaining balance due (Va. Code § 55.1-1204(E)).
Can a Virginia landlord charge a late fee that isn't in the lease?
No. The charge must be provided for in the written rental agreement.
Sources
- Va. Code § 55.1-1204 (official text)
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