Late Fee Limits on Rent: Texas 10–12%, New York $50 or 5%, North Carolina $15 or 5%

Late fee rules side by side

	Texas	New York	North Carolina
When the fee can start	Rent unpaid two full days after the due date	Rent unpaid 5 days after the due date	Rent 5 calendar days or more late (day 1 = the day after rent was due)
Cap	Reasonable: up to 12% of rent (4 units or fewer) or 10% (more than 4 units)	$50 or 5% of monthly rent, whichever is less	$15 or 5% of monthly rent, whichever is greater
Must be in the lease?	Yes, notice of the fee in a written lease	—	The parties may agree to a late fee
How often	Initial fee plus daily fee allowed, counted together as one fee	—	Once per late payment
Statute	Prop. Code §92.019	RPL §238-a(2)	G.S. 42-46(a)–(b)

Texas: 2 full days, 10–12%

Under Texas Property Code §92.019(a), a landlord may not charge a late fee unless all three are true:

notice of the fee is in a written lease,
the fee is reasonable, and
some rent has stayed unpaid two full days after the original due date.

A fee is treated as reasonable if it is no more than 12% of the rent for the rental period in a building with four or fewer units, or 10% in a building with more than four units. A higher fee is reasonable only if it doesn’t exceed the landlord’s uncertain damages from the late payment (§92.019(a-1)).

The fee may be an initial fee plus a daily fee, but the two together count as one late fee for the cap (§92.019(b)).

If the landlord overcharges: the landlord owes you $100, plus three times the late fee collected in violation, plus your reasonable attorney’s fees (§92.019(c)). A lease clause waiving these rights is void (§92.019(d)).

Monthly rent	4 units or fewer (12%)	More than 4 units (10%)
$1,000	$120	$100
$1,500	$180	$150
$2,000	$240	$200

New York: 5 days, $50 or 5%, whichever is less

A New York landlord may charge a late fee only if rent is still unpaid 5 days after the due date, and the fee can’t be more than $50 or 5% of the monthly rent, whichever is less (RPL §238-a(2)).

Monthly rent	5%	Maximum late fee
$800	$40	$40
$1,000	$50	$50
$2,400	$120	$50

New York security deposit and lease rules

North Carolina: 5 days, $15 or 5%, whichever is greater

For monthly rent, a North Carolina late fee may be charged only if the payment is five calendar days or more late. The first day counts from the day after rent was due. The fee can be up to $15 or 5% of the monthly rent, whichever is greater (G.S. 42-46(a)(1)). For weekly rent, the cap is $4 or 5% of the weekly rent, whichever is greater (§42-46(a)(2)).

The late fee can be charged only once for each late payment, and the landlord can’t take it out of your next rent payment so that the next payment becomes late too (§42-46(b)).

Monthly rent	5%	Maximum late fee
$250	$12.50	$15
$1,000	$50	$50
$1,600	$80	$80

Common questions

Q. My lease says rent is late on the 2nd and charges a fee that day. Is that allowed?

A. Not in these three states. Texas requires two full days unpaid after the due date (§92.019(a)(3)), and New York and North Carolina require 5 days (RPL §238-a(2); G.S. 42-46(a)).

Q. Can I ask my Texas landlord for a list of late fees I’ve been charged?

A. Yes. Under Texas Property Code §92.0191 you can ask for a written statement of whether you owe a late fee and how much, and the landlord must provide it by the usual means you use to communicate in writing. A landlord’s failure to answer doesn’t cancel a late fee you actually owe.

Q. What about other states?

A. This page covers states where we have checked a specific late-fee statute. Check your state’s page for its deposit rules, and your lease for any late-fee clause.

All states: deposit rules and deadlines