District of Columbia Statewide Rule
District of Columbia Late Fee Limits
Key Facts
- Maximum late fee
- 5% of full monthly rent (§ 42-3505.31)
- Grace period
- 5 days (or longer if the lease provides)
- Frequency
- Once per late payment; no interest
- Eviction
- Unpaid late fee cannot be grounds for eviction
Summary
Under D.C. Code § 42-3505.31, a residential late fee may not exceed 5% of the full monthly rent and may be charged only after rent is at least 5 days late. The fee must be disclosed in the lease, may be charged only once, and is never grounds for eviction.
A housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant. The nonpayment of a late fee shall not be the basis for an eviction.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
What is the maximum late fee in Washington, D.C.?
Can a D.C. landlord evict over an unpaid late fee?
Sources
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