Survey of State Laws Governing Fees Associated With Late Payment of Rent

Ryan P. Sullivan
University of Nebraska College of Law

The survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation. The survey begins with a detailed summary categorizing the laws of each state that set forth limitations or requirements related to late fees, followed by exhibit 1 with a state-by-state listing of the relevant laws of each of the 50 states.

The survey was developed to serve as a resource for policymakers and housing advocates exploring opportunities to improve the laws in their state by having easy access to the comparable laws enacted elsewhere. It is also intended as a resource for attorneys, legal services organizations, housing counseling agencies, or others practicing in the field of landlord-tenant law or policy.

The information used in developing this survey was obtained through an exhaustive review of each state’s relevant statute and court rules, as well as a thorough review of appellate court opinions interpreting a relevant statute or providing guidance in the absence of statutory directive. The survey encompasses a review of each state’s laws current through December 31, 2021.