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Virginia Statewide Rule

Virginia Late Rent Fee Limits

Some RestrictionsApplies statewide across Virginia (2026)

Key Facts

Late-fee cap
Lesser of 10% of periodic rent or 10% of balance owed
Lease requirement
Must be in the written agreement
Rent due
First day of the month
Grace period
Late if unpaid after the fifth
Statute
Va. Code § 55.1-1204(I)
Last verified: August 21, 2026

Summary

Va. Code § 55.1-1204 lets a landlord charge a late fee only if the written lease provides for it, capped at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance owed. Rent is due on the first and is late if unpaid by the fifth.

E. A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.

View official code

Full Breakdown

Under Va. Code § 55.1-1204 a landlord may not charge a tenant for late payment of rent unless the written rental agreement provides for it. The statute caps the amount: "No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant." In the default terms, rent is due on the first day of each month and is considered late if not paid by the fifth of the month, giving tenants a short grace period before any late charge attaches. Because the cap is the lesser of the two percentages, a tenant who owes only part of the month's rent cannot be charged a fee based on the full monthly rent.

Violations & Penalties

A late charge that exceeds the 10 percent statutory cap, or that is imposed without a lease provision authorizing it, is unenforceable; a tenant may dispute and recover an excessive charge in general district court under § 55.1-1204.

Frequently Asked Questions

What is the maximum late fee a Virginia landlord can charge?
Under § 55.1-1204, the late charge cannot exceed the lesser of 10 percent of the periodic (monthly) rent or 10 percent of the remaining balance owed by the tenant, and only if the lease provides for it.
When is rent considered late in Virginia?
By default, rent is due on the first day of the month and is considered late if not paid by the fifth, so a landlord may not assess a late charge until after that date.

Sources

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