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When can a landlord charge a late fee for rent in Virginia, and how much?
Short answer
Late charges: only if in the written rental agreement, at most the lesser of 10% of the periodic rent or 10% of the remaining balance
A landlord may charge for late rent only if the written rental agreement provides for it, and the charge may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed. Without a written agreement, rent is late if not paid by the fifth of the month.
"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." law.lis.virginia.gov
"shall be considered late if not paid by the fifth of the month;" law.lis.virginia.gov
Late charges: only if in the written rental agreement, at most the lesser of 10% of the periodic rent or 10% of the remaining balance Verified
Deadline: Ongoing requirement with no fixed date
A landlord may charge for late rent only if the written rental agreement provides for it, and the charge may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed. Without a written agreement, rent is late if not paid by the fifth of the month.
"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." law.lis.virginia.gov
"shall be considered late if not paid by the fifth of the month;" law.lis.virginia.gov
Notes: Va. Code 55.1-1204(E) and (C)(4).
Last verified 2026-10-24 · Confidence: high · Status: verified · Report a correction