Rent Late-Fee Limits: How State Caps Compare
Late-fee statutes limit two things: how much a landlord may charge when rent is late, and how soon. This guide works the 10 verified caps through the same three rents ($1,000, $1,500 and $2,000) and compares the waiting periods. It is general information, not advice.
Percentage caps
The simplest rule is a share of the rent. Maine allows 4% of one month's rent (14 M.R.S. § 6028), Delaware 5% of the monthly rent (25 Del. C. § 5501(d)) and Minnesota 8% of the overdue rent payment (Minn. Stat. § 504B.177(a)). On $1,500 rent those come to $60, $75 and $120.
A flat figure or a percentage
- Whichever is less (New York): $50 or 5% of the monthly rent, whichever is less. $1,000 rent: $50; $2,000 rent: $50. Above $1,000 a month the flat figure is the ceiling (N.Y. Real Prop. Law § 238-a(2)).
- Whichever is greater (North Carolina): $15 or 5% of the monthly rent, whichever is greater. $1,000 rent: $50; $2,000 rent: $100 (N.C. Gen. Stat. § 42-46(a)).
- Rent or balance (Virginia): 10% of the periodic rent or 10% of the balance owed, whichever is less (Va. Code § 55.1-1204(E)); on $1,500 rent with everything unpaid, $150.
Daily fees with a monthly ceiling
Iowa sets $12 a day up to $60 a month (rent $700 or less); $20 a day up to $100 a month (rent over $700) (Iowa Code § 562A.9(4)). On $1,500 rent the monthly ceiling is $100.
Waiting periods
8 verified statutes set a wait. Massachusetts's is the longest: no interest or penalty until 30 days after rent is due (M.G.L. c. 186, § 15B(1)(c)). Maine: rent is late only if not paid within 15 days of the due date. New York: not unless rent is unpaid within five days of the due date. North Carolina counts “to be chargeable only if any rental payment is five calendar days or more late, with the first day being the day after the rent was due.”
Where to see every state
The late-fee table lists every verified rule and the states with no section found, and the lookup computes the ceiling for any rent. A dispute over fees at move-out often ends up as a deposit question.
Sources
- Maine Legislature, 14 M.R.S. § 6028; Delaware Code Online, 25 Del. C. § 5501; Minnesota Revisor of Statutes, Minn. Stat. § 504B.177; New York State Senate, Real Property Law § 238-a; North Carolina General Assembly, G.S. 42-46; Virginia Law, Va. Code § 55.1-1204; Iowa Legislature, Iowa Code § 562A.9; Massachusetts Legislature, M.G.L. c. 186 § 15B. All checked October 21, 2026.
Questions
Does every state cap late fees?
No. Many states have no late-fee statute, and in those the lease and general contract law decide. The table on the late-fee hub shows which states were read and found to have no section.
Is a grace period the same everywhere?
No. The verified statutes that set a wait use different lengths and count them differently; each state page quotes the wording.
Can a landlord charge a late fee that is not in the lease?
Several statutes require the fee to be in the rental agreement, among them Virginia, Minnesota and Oregon. The state pages quote the condition.