Tennessee late rent fee: the legal maximum
Tennessee caps late fees at 10% 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 10% of monthly rent once the 5-day grace period has passed.
| Monthly rent | Maximum fee |
|---|---|
| $1,000.00 | $100.00 |
| $1,500.00 | $150.00 |
| $2,000.00 | $200.00 |
| $3,000.00 | $300.00 |
What the statute says
Late fee may not exceed 10% of the rent past due. Five-day grace period counted from and including the due date; if the fifth day falls on a Sunday or legal holiday, no fee may be charged if rent is paid the next business day.
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 Tennessee rules
- Pay-or-quit notice: 14 days. Notice periods in Tennessee.
- Security deposit: No statutory limit; returned No fixed statutory deadline: the landlord must notify the tenant at the last known address of any refund due; if the tenant does not respond within 60 days the landlord may keep the deposit. Damage claims must be identified within 30 days after the tenant vacates or 7 days after a new tenant moves in, whichever is earlier.. Deposit rules in Tennessee.
- All rules on one page: Tennessee landlord and tenant law.
Frequently asked questions
What is the maximum late fee for rent in Tennessee?
10% of monthly rent. Late fee may not exceed 10% of the rent past due. Five-day grace period counted from and including the due date; if the fifth day falls on a Sunday or legal holiday, no fee may be charged if rent is paid the next business day.
Is there a grace period for rent in Tennessee?
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 Tennessee landlord charge a daily late fee?
Only if the total stays within the statutory cap (10% 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 Tennessee?
No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Tennessee the statutory cap applies on top of whatever the lease says.