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Notice of Late Rent
Date:
To:
Rental address:
This notice is to tell you that we have not received your rent payment of that was due on .
| Rent not received | |
| Total now due |
Please pay the total by by .
If you have already paid, or if you are having trouble paying, please contact me at so we can sort it out.
Late fee rules by state
On a $1,500 monthly rent, the statutory maximum is $50 in New York, $75 in North Carolina, $150 in Virginia, and $180 is considered reasonable in Texas for a building with 4 or fewer units. The other states below have no statute setting a maximum late fee.
| State | When a late fee is allowed | Maximum | Statute |
|---|---|---|---|
| New York | Only if rent is not paid within 5 days of the due date | $50 or 5% of monthly rent, whichever is less | Real Prop. Law § 238-a(2) |
| North Carolina | Only when rent is 5 calendar days or more late; once per late payment | $15 or 5% of monthly rent, whichever is greater | Gen. Stat. § 42-46 |
| Virginia | Only if the written rental agreement provides for it | 10% of the periodic rent or 10% of the balance due, whichever is less | Va. Code § 55.1-1204(E) |
| Texas | Notice of the fee in a written lease, the fee reasonable, and rent unpaid 2 full days after it was due | Considered reasonable up to 12% of monthly rent (4 or fewer units) or 10% (more than 4) | Prop. Code § 92.019 |
| Washington | No fee for rent paid within 5 days of the due date | No maximum amount; in an eviction judgment, late fees count only up to $75 in total (RCW 59.18.410) | RCW 59.18.170(2) |
| New Jersey | 5 business day grace period for senior citizens on Social Security or similar pensions, and tenants on SSDI, SSI or Work First New Jersey, when rent is due on the 1st | No general maximum | N.J.S.A. 2A:42-6.1 |
| Arizona | Must be reasonable and in a written rental agreement | No maximum or grace period | A.R.S. § 33-1368(B) |
| California | No statute on ordinary rent | None | Civil Code §§ 1940-1954.535 |
| Florida | No statute sets one | None | Fla. Stat. ch. 83, Part II |
| Michigan | No statute sets one | None | MCL 554.131-.145, 554.601-.616, 554.631-.641 |
| Ohio | No statute sets one | None | Rev. Code ch. 5321 |
| Pennsylvania | No statute sets one | None | Landlord and Tenant Act of 1951 |
From each state's official statute text, read October 29, 2026. "Searched" means we read the state's residential landlord-tenant chapter and found no late-fee rule for ordinary rent. Cities can add rules. Not legal advice.
What a late rent notice should say
- The tenant's name and the rental address.
- That rent was not received, how much, and the date it was due.
- Any late fee your lease provides for, and the total now due.
- When and how to pay, and how to reach you if the tenant has already paid.
- The date, and your name and signature.
Keep a copy and a record of how and when you delivered it. Track payments in a rent ledger and give a rent receipt when the tenant pays.
New York: certified-mail notice once rent is five days late
New York is the only state in our list where we found a statute requiring a late-payment notice. If you, or an agent authorized to receive rent, have not received rent within five days of the due date in the lease, you must send the tenant "by certified mail, a written notice stating the failure to receive such rent payment" (Real Prop. Law § 235-e(d)). If you do not, the tenant can use that as a defense in an eviction for nonpayment. The form above adds lines for the mailing date and certified mail number when you pick New York.
Late rent notice or pay-or-quit notice?
A late rent notice is a reminder: it tells the tenant what is owed and asks them to pay. It does not start an eviction. To end a tenancy for unpaid rent, most states require a formal notice with a set number of days and, in some states, specific wording. Use the eviction notice template for that step.
Ending a month-to-month tenancy instead? Use the lease termination letter.
Frequently asked questions
How many days late can rent be before a late fee?
It depends on the state. New York and North Carolina allow a fee only after 5 days, Washington bars a fee for rent paid within 5 days, and Texas requires rent to be unpaid two full days. California, Florida, Michigan, Ohio and Pennsylvania have no statute on it; check your lease.
How much can a landlord charge for late rent?
Where a statute sets a limit: in New York, the lesser of $50 or 5% of the monthly rent; in North Carolina, the greater of $15 or 5%; in Virginia, the lesser of 10% of the rent or 10% of the balance due. Texas law considers 12% reasonable for buildings of 4 or fewer units and 10% for larger ones.
Do landlords have to send a late rent notice?
In New York, yes: if rent is not received within five days of the due date, the landlord must send a written notice by certified mail (Real Prop. Law § 235-e(d)). We found no similar requirement in the other 11 states we checked.
Is a late rent notice the same as an eviction notice?
No. A late rent notice asks for payment. Ending a tenancy for unpaid rent takes a formal notice under state law, such as a pay rent or quit notice.