District of Columbia Late Fee Limits

D.C. Code § 42-3505.31 states a 'housing provider may charge a late fee of no more than 5% of the full amount of rent due,' and only if 'the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease.' The fee must be disclosed in the written lease, may be charged only once per late payment, and may not accrue interest. Critically, an unpaid late fee 'shall not be grounds for eviction.' The provider may invoice within 30 days and may deduct unpaid late fees from the security deposit at move-out; for subsidized tenants the fee applies only to the tenant's portion of rent.

Charging a late fee above 5%, before the 5-day grace period, more than once, or using one as grounds for eviction violates § 42-3505.31; a tenant may recover the improper fee and pursue relief through the rental housing enforcement process.