District of Columbia Late Fee Laws for Landlords (2026)
What the statute actually says
A housing provider may charge a late fee of no more than 5% of the full rent due. Interest on a late fee is prohibited, the fee may not be deducted from a later rent payment, and only one fee may be imposed per late payment. The grace period is 5 days, or longer if the lease says so.
Citation: D.C. Code § 42-3505.31 · read the source
The most you can charge in District of Columbia
Worked from the statute above, on a monthly tenancy:
| Monthly rent | Maximum late fee | How it is worked out |
|---|---|---|
| $900 | $45.00 | 5% of $900 |
| $1,200 | $60.00 | 5% of $1,200 |
| $1,800 | $90.00 | 5% of $1,800 |
| $2,500 | $125.00 | 5% of $2,500 |
Work out your own figure with the late fee calculator →
The grace period in District of Columbia
District of Columbia requires a grace period of 5 days. A late fee charged before that is not enforceable, however the lease is worded. Day one of the grace period is the due date itself, so rent due on the 1st can first carry a fee on the 6th.
Does the fee have to be in the lease?
The District of Columbia statute does not say so in terms, but a late fee is a contract term like any other: if the lease does not create it, there is nothing to enforce. Write the amount and the day it applies into the lease.
Charging it without getting it wrong
Most late-fee disputes are not about the amount. They are about the date the clock started, whether the fee was in the lease, and whether each payment was recorded against the right charge. Those are bookkeeping problems, and they are the ones that lose in court.
LandlordPro applies the grace period you set, charges the fee once, and, because District of Columbia law requires it, applies each payment to rent first: every open month's rent, oldest month first, and only then late fees. A late fee the payment does not cover stays on the ledger as owed, so the ledger shows where every dollar went. The rent roll shows exactly which day a charge landed and why, and the tenant sees the same breakdown in their portal.
Stop working late fees out by hand
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Start freeKey statute for District of Columbia
Authority: D.C. Code § 42-3505.31
Statute text not quoted here yet — read it at the link above.
What this means: District of Columbia caps rent late fees at 5% of the rent, and no fee may be charged until rent is 5 days late. The rule lives in D.C. Code § 42-3505.31.
Citation from our review of the chapter cited above (see "How we checked"); statute text not quoted here yet.
Frequently asked questions
What is the maximum late fee a landlord can charge in District of Columbia?
5% of the rent. On $1,200 rent that is $60.00. The rule is set by D.C. Code § 42-3505.31.
How many days late before a landlord can charge a fee in District of Columbia?
5 days. A fee charged before the grace period runs out is not enforceable.
Does a District of Columbia late fee have to be in the lease?
The statute does not say so expressly, but a late fee is a contract term: if it is not in the lease there is nothing to enforce. Always put it in writing.
Can a landlord charge a late fee every month the rent stays unpaid in District of Columbia?
No. The statute allows only one late fee per late payment, however long it goes unpaid.
Is a late fee the same as interest in District of Columbia?
No. A late fee is a one-off charge for the administrative cost of a late payment. Interest accrues over time and is regulated separately. Charging both on the same rent invites a challenge.
Related
Questions from District of Columbia landlords
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