Statutory cap on late fees and grace periods for every US state. Most states require fees to be "reasonable" with no hard cap; some (CA, CT, NJ, MA, DE) have specific dollar or percentage limits.
Current as of May 2026. Always disclose late fees clearly in the lease — courts strike fees that aren't pre-disclosed.
| State | Late Fee Cap | Grace Period |
|---|---|---|
| Alaska | No statutory cap (must be reasonable and disclosed in lease) | No statutory grace period |
| Alabama | No statutory cap (must be reasonable and stated in lease) | No statutory grace period (7-day eviction notice functions as de-facto cure window) |
| Arkansas | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Arizona | No statutory cap (must be reasonable and stated in lease); mobile-home parks: $5/day | No statutory grace period |
| California | No statutory cap; must be a 'reasonable estimate of actual damages' (liquidated damages standard under Cal. Civ. Code § 1671(d)) | No statutory grace period (late fee may apply day after due date if lease allows, but common practice is 3–5 days) |
| Colorado | Greater of $50 or 5% of monthly rent | 7 days |
| Connecticut | No statutory cap (must be reasonable) | 9 days (monthly tenancy); 4 days (weekly tenancy) |
| Delaware | 5% of monthly rent | 5 days (8 days if landlord's office is outside county where property is located) |
| Florida | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Georgia | Greater of $20/month or 20% of monthly rent (for leases entered/renewed on or after July 1, 2019) | No statutory grace period |
| Hawaii | 8% of overdue rent amount | No statutory grace period |
| Iowa | $12/day (cap $60/month) for rent ≤$700/month; $20/day (cap $100/month) for rent >$700/month | No statutory grace period (late fees may begin accruing the day after rent is due) |
| Idaho | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| Illinois | No statutory cap (must be reasonable and stated in lease). Chicago: $10/month on first $500 of rent + 5% on any remainder. | No statutory grace period statewide. Chicago: 5 days. |
| Indiana | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| Kansas | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| Kentucky | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Louisiana | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Massachusetts | No statutory cap (must be reasonable) | 30 days (late fees may not apply until rent is 30 days overdue) |
| Maryland | 5% of monthly rent | No statutory grace period (late fee may apply once rent is past due) |
| Maine | 4% of monthly rent | 15 days |
| Michigan | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Minnesota | 8% of overdue rent per month | No statutory grace period |
| Missouri | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Mississippi | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Montana | No statutory cap; $20 or 20% of monthly rent (whichever greater) deemed 'reasonable' by courts | No statutory grace period |
| North Carolina | Greater of $15 or 5% of monthly rent | 5 days (recommended by statute, though not strictly mandatory before charging fee) |
| North Dakota | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| Nebraska | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| New Hampshire | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| New Jersey | 5% of monthly rent (after 5-day grace period) | 5 days (for most tenants); seniors 62+ protected by extended grace period |
| New Mexico | 10% of monthly rent | No statutory grace period |
| Nevada | 5% of periodic rent | 3 days (late fee may not be charged until 3 days after rent due date) |
| New York | Lesser of $50 or 5% of monthly rent | 5 days |
| Ohio | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Oklahoma | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| Oregon | 5% of monthly rent (or $5/day for weekly rent, whichever is less) | 4 days (late fee cannot be charged until 4th day of rental period; rent due on 1st means fee applies from 5th) |
| Pennsylvania | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Rhode Island | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| South Carolina | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| South Dakota | No statutory cap (must be reasonable and disclosed) | No statutory grace period |
| Tennessee | 10% of monthly rent | 5 days |
| Texas | 10% of monthly rent (buildings with > 4 units); 12% (4 units or fewer) | 2 days (late fee cannot be charged until 2 full days after rent due date) |
| Utah | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Virginia | 10% of monthly rent (or 10% of unpaid balance if partial payment made) | 5 days |
| Vermont | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Washington | No statutory cap (must be reasonable and disclosed); $20 or 20% of rent deemed reasonable by some guidance | 5 days |
| Wisconsin | No statewide cap (must be reasonable per ATCP 134); Madison: 5% of monthly rent | No statewide grace period. Milwaukee: some protections. Madison: de-facto 5-day standard. |
| West Virginia | No statutory cap (must be reasonable and stated in lease) | No statutory grace period |
| Wyoming | No statutory cap (must be reasonable and disclosed in lease) | No statutory grace period |
Most states permit late fees only if they're "reasonable" — but reasonableness has been litigated and there are practical ranges:
Daily-compounding fees (e.g., $10/day for every day late) get extra scrutiny — courts often cap them at the equivalent of one month's fee maximum, regardless of how many days late.