Free calculator · 10 US states
Late fee calculator
Every state caps late fees differently. Texas is 12% or 10% depending on building size. New York caps at the lesser of 5% or $50. Most states have no percent cap but require fees to be reasonable. Enter your state and monthly rent to see the legal maximum.
No statutory percent cap
Must be reasonable. See explanation below.
California has no statutory percent cap. Courts require late fees to be a reasonable pre-estimate of actual damages (Orozco v. Casimiro). In practice, fees above ~6% of rent are often challenged. Document your reasoning when setting a fee.
Cal. Civ. Code §§ 1940-1954; Civ. Code § 1950.5
How late fee caps work by state
- Texas (Prop Code 92.019): 12% of rent for buildings with 4 or fewer units, 10% for larger.
- New York (RPL 238-a): Lesser of 5% or $50. Cannot charge before day 5 after rent due.
- North Carolina (NCGS 42-46): Greater of $15 or 5%. Minimum 5-day grace.
- California: No statutory percent. Fees must be a pre-estimate of actual damages (Orozco v. Casimiro).
- Florida, Georgia, Pennsylvania, Ohio, Illinois, Washington: No state percent cap. Fees must be reasonable; local ordinances may apply.
This calculator is informational. It is not legal advice. For disputes, consult a licensed attorney in your state.