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Virginia Late Rent Fee Law

Statute text last checked: October 23, 2026

This page summarizes Virginia statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.

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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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

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