Late fees / Massachusetts

Massachusetts late rent fee: the legal maximum

Massachusetts sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. Rent must be at least 30 days late before any fee may be charged.

Cap
None
Lease governs
Grace period
30 days
No fee until rent is this late
Statute
$
Count from the day after rent was due.

Massachusetts late fee law in full

Reference: 5% of rent at common rents

Massachusetts has no cap. Five percent of monthly rent is the most common lease figure and the statutory cap in several other states; it is shown for comparison only.

Monthly rent5% reference
$1,000.00$50.00
$1,500.00$75.00
$2,000.00$100.00
$3,000.00$150.00

What the statute says

M.G.L. c. 186 § 15B(1)(c)

No statutory cap on the amount, but no interest or penalty for late rent may be imposed until rent is 30 days overdue (M.G.L. c. 186 § 15B(1)(c)).

How this applies in practice

Related Massachusetts rules

Frequently asked questions

What is the maximum late fee for rent in Massachusetts?

There is no statutory maximum in Massachusetts. No statutory cap on the amount, but no interest or penalty for late rent may be imposed until rent is 30 days overdue (M.G.L. c. 186 § 15B(1)(c)). The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

Is there a grace period for rent in Massachusetts?

Yes. State law requires rent to be 30 days late before a late fee can be charged, regardless of what the lease says.

Can a Massachusetts landlord charge a daily late fee?

Nothing in state law forbids it, but the total must remain reasonable. A daily fee that quickly exceeds a few percent of rent risks being struck down as a penalty.

Can a landlord charge a late fee that is not in the lease in Massachusetts?

No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Massachusetts the statutory reasonableness standard applies on top of whatever the lease says.

Late fee rules in other states