Tennessee Statewide Rule
Tennessee Rent Late Fee Limits
Key Facts
- Fee cap
- 10% of rent past due (66-28-201(d))
- Grace period
- 5 days, due date included
- Weekend/holiday
- No fee if paid next business day
- Lease term
- Must be stated in writing to apply
- Applies in
- Counties over 75,000 population (URLTA)
Summary
In URLTA counties, Tenn. Code 66-28-201(d) caps any late fee at 10% of the rent past due and requires a five-day grace period before a fee may be charged. If the grace period ends on a Sunday or legal holiday, no fee applies if rent is paid the next business day.
(d) There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date the rent was due shall be included in the calculation of the five-day grace period. If the last day of the five-day grace period occurs on a Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent; provided, that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent, shall not exceed ten percent (10%) of the amount of rent past due.
Full Breakdown
Tenn. Code 66-28-201(d), part of the Uniform Residential Landlord and Tenant Act (which applies only in counties over 75,000 population), provides that any late-payment "charge or fee, however described... shall not exceed ten percent (10%) of the amount of rent past due." There is a five-day grace period beginning the day rent was due before a fee may be charged, with the due date counted in the five days. If the last day of the grace period falls on a Sunday or legal holiday, the landlord may not impose a fee provided rent is paid the next business day. A late fee must also be stated in the written lease to be enforceable.
Violations & Penalties
A late fee above the 10% cap, or one charged before the five-day grace period ends, is unenforceable; a tenant may dispute or recover an overcharge and is not obligated to pay an illegal fee.
Frequently Asked Questions
What is the maximum late fee a Tennessee landlord can charge?
How long is the grace period for rent in Tennessee?
Does the late fee cap apply across all of Tennessee?
Sources
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