District of Columbia late rent fee: the legal maximum
District of Columbia caps late fees at 5% of the monthly rent. Rent must be at least 5 days late before any fee may be charged.
Maximum late fee at common rents
Applying 5% of monthly rent once the 5-day grace period has passed.
| Monthly rent | Maximum fee |
|---|---|
| $1,000.00 | $50.00 |
| $1,500.00 | $75.00 |
| $2,000.00 | $100.00 |
| $3,000.00 | $150.00 |
What the statute says
Late fee may not exceed 5% of the full amount of rent due, and may be charged only if rent is unpaid more than 5 days after the due date (or any longer grace period in the lease). Only one fee per late payment, no interest on late fees, the lease must disclose the maximum fee, no fee on the portion of rent paid by a subsidy, and unpaid late fees cannot be grounds for eviction.
How this applies in practice
- A late fee must be written into the lease. The statute caps what the lease may say; it does not create a fee on its own.
- Rent is not "late" for fee purposes until 5 days after the due date. A fee charged earlier is unenforceable.
- Any amount above the cap cannot be collected or deducted from the deposit, and in several states charging an unlawful fee exposes the landlord to damages.
- Late fees are separate from interest on unpaid rent and from eviction filing costs, which have their own rules.
Related District of Columbia rules
- Pay-or-quit notice: 10 days. Notice periods in District of Columbia.
- Security deposit: 1 month's rent (may not exceed the first full month's rent charged to the tenant, and may be charged only once); returned 45 days after termination of the tenancy to return the deposit with accrued interest, or to give written notice of intent to withhold; an itemized statement and any balance must follow within 30 days of that notice. Deposit rules in District of Columbia.
- All rules on one page: District of Columbia landlord and tenant law.
Frequently asked questions
What is the maximum late fee for rent in District of Columbia?
5% of monthly rent. Late fee may not exceed 5% of the full amount of rent due, and may be charged only if rent is unpaid more than 5 days after the due date (or any longer grace period in the lease). Only one fee per late payment, no interest on late fees, the lease must disclose the maximum fee, no fee on the portion of rent paid by a subsidy, and unpaid late fees cannot be grounds for eviction.
Is there a grace period for rent in District of Columbia?
Yes. State law requires rent to be 5 days late before a late fee can be charged, regardless of what the lease says.
Can a District of Columbia landlord charge a daily late fee?
Only if the total stays within the statutory cap (5% of monthly rent). A daily fee that accumulates past the cap is unenforceable above it.
Can a landlord charge a late fee that is not in the lease in District of Columbia?
No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in District of Columbia the statutory cap applies on top of whatever the lease says.