Virginia Late Rent Fee Limits

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.

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.