Virginia late rent fee: the legal maximum
Virginia caps late fees at the lesser of $0.00 or 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 lesser of $null or 10% 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 charge must be in the written rental agreement and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. Rent paid after the fifth day of the month may incur a late charge (§ 55.1-1204(C)(5), the statutory default term), giving an effective 5-day grace period.
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 Virginia rules
- Pay-or-quit notice: 14 days. Notice periods in Virginia.
- Security deposit: Two months' periodic rent; returned Itemized statement and refund within 45 days after termination of the tenancy or the date the tenant vacates, whichever occurs last. Deposit rules in Virginia.
- All rules on one page: Virginia landlord and tenant law.
Frequently asked questions
What is the maximum late fee for rent in Virginia?
Lesser of $null or 10%. Late charge must be in the written rental agreement and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. Rent paid after the fifth day of the month may incur a late charge (§ 55.1-1204(C)(5), the statutory default term), giving an effective 5-day grace period.
Is there a grace period for rent in Virginia?
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 Virginia landlord charge a daily late fee?
Only if the total stays within the statutory cap (Lesser of $null or 10%). 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 Virginia?
No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Virginia the statutory cap applies on top of whatever the lease says.