Landlord Rent Laws by State
Late fee caps, grace periods and notice rules vary a lot from state to state. Here's a plain-English summary for the states with the most small landlords.
Late fees and grace periods by state
| State | Late fee limit | Grace period |
|---|---|---|
| California | No fixed cap | None required by state law |
| Texas | Must be reasonable and in a written lease | Effectively two days: you can't charge a late fee unless rent remains unpaid two full days after the due date |
| Florida | No statutory cap | None required by state law |
| New York | Capped at $50 or 5% of monthly rent, whichever is less | 5 days |
| Illinois | No statewide cap | None required by state law |
| Georgia | No statutory cap | None required by state law |
| North Carolina | The greater of $15 or 5% of monthly rent | 5 days |
| Ohio | No statutory cap | None required by state law |
| Pennsylvania | No statewide cap | None required by state law |
| Arizona | No fixed cap | None required by state law |
| Washington | No statewide cap for most apartments and houses | 5 days |
| Michigan | No statutory cap | None required by state law |
| New Jersey | No statewide cap | 5 business days for tenants who are senior citizens receiving Social Security, pensions, or certain disability or public assistance benefits (N |
| Colorado | The greater of $50 or 5% of the past-due rent | 7 calendar days |
Click a state for notice periods, security deposit rules and rent increase requirements.
What every state has in common
- A late fee is only enforceable if it's written into the lease.
- Fees have to be reasonable. In most states that means compensation for your costs, not a penalty.
- Notices for unpaid rent have strict timing and delivery rules. A defective notice usually restarts the clock.
- Local ordinances (especially in big cities) can be stricter than state law.
Frequently asked questions
Which states cap late rent fees?+
Of the states on this page, New York (lesser of $50 or 5%), North Carolina (greater of $15 or 5%), Colorado (greater of $50 or 5% of past-due rent) and Texas (12% or 10% safe harbor) set specific limits in statute. Most others require fees to be "reasonable" without a fixed number.
Which states require a grace period before a late fee?+
Among these states: New York (5 days), North Carolina (5 days), Washington (5 days), Colorado (7 days) and Texas (rent must be unpaid two full days). New Jersey requires 5 business days for certain senior tenants.
Related resources
Let Ping send the reminders for you
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