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Late rent · checked October 21, 2026

Rent late fee law in Virginia

Limit: 10% of the periodic rent or 10% of the balance owed, whichever is less. Timing: none stated; the fee must be in the written rental agreement. Rule: Va. Code § 55.1-1204(E).

Check a fee All states

1234
  1. 1Cap10% of rent or balance
  2. 2WaitNone stated
  3. 3On $1,500 rent$150
  4. 4StatuteVa. Code § 55.1-1204(E)

The rule in Virginia

Virginia caps a residential late fee at 10% of the periodic rent or 10% of the balance owed, whichever is less (Va. Code § 55.1-1204(E)): “No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.”

On timing: “A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement.” In short, none stated; the fee must be in the written rental agreement.

In dollars: $1,000 rent allows up to $100, $1,500 rent allows up to $150 and $2,000 rent allows up to $200. Where only part of the rent is missing, the cap follows the balance: with $1,500 rent and $400 unpaid, the fee is at most $40.

At $1,500 a month, Virginia's ceiling of $150 is 10% of the rent and ranks 1st highest of the 10 verified states that set a dollar or percentage limit; none of them allows more and New York the least ($50). Late in every month of a year, the ceiling adds up to $1,800.

Neighbouring states with a verified rule: Maryland (5% of the rent due for the period) and North Carolina ($15 or 5% of the monthly rent, whichever is greater, 5-day wait).

The wording quoted is from the version of § 55.1-1204 in effect until July 1, 2027.

Related Virginia rules: ending a month-to-month tenancy takes 30 days (notice rules); a security deposit is due back within 45 days of the end (deposit rules); disputes over fees go to small claims up to $5,000 (small claims).

Virginia$150Hawaii$120Minnesota$120Iowa$100Delaware$75Maryland$75Nevada$75North Carolina$75Maine$60New York$50
Largest late fee on $1,500 monthly rent in each verified state with a fixed limit, Virginia highlighted. Bar lengths are to scale.
$100$1,000$150$1,500$200$2,000
Largest late fee in Virginia at three example rents (columns to scale).

Source: Virginia Law, Va. Code § 55.1-1204 · last checked October 21, 2026.

Reading a lease against the statute

A late fee needs a basis in the rental agreement, and the statute sets the outer limit. The guide on rent late-fee limits works the verified caps through the same rents side by side.

Questions

What is the maximum late fee for rent in 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 that is $150.

Is there a grace period for rent in Virginia?

The section quoted states none (none stated; the fee must be in the written rental agreement).

Where is the rule written?

Va. Code § 55.1-1204(E), read on the Virginia Law, Va. Code § 55.1-1204 page on October 21, 2026.

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