Virginia Late Rent Fee Laws: Limits, Grace Periods, and Penalties

Va. Code § 55.1-1204(E) provides that no 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. The second half of that test is what most landlords miss: if a tenant on $1,500 rent pays $1,300 on time and is $200 short, the cap is 10 percent of the $200 balance, or $20, not $150. A charge above the cap is unenforceable, and courts reduce it to the statutory maximum rather than enforcing the lease figure.

Virginia sets no statutory grace period before a late charge may be assessed. Rent is payable without demand at the time agreed under § 55.1-1204(D), so a fee can attach the day after the due date if the rental agreement provides for it. The five-day pay-or-quit notice required before an eviction filing is a separate requirement, not a grace period.

Section 55.1-1204(E) states that a landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. Section 55.1-1204.1 separately requires an itemized fee disclosure statement beginning on the first page of the written rental agreement, with language confirming no additional rent or deposits may be charged unless listed there or added by later addendum.

Virginia has no fixed statutory multiplier, but a late charge that exceeds the cap or is not in the written agreement is simply uncollectible and cannot support an unlawful detainer. Under § 55.1-1234 a tenant may recover damages and injunctive relief for landlord noncompliance with the chapter, and is entitled to reasonable attorney fees unless the landlord proves its actions were reasonable.

The VRLTA does not set an NSF cap, so the charge must be in the written rental agreement to be collectible. In a civil action on a dishonored check, Va. Code § 8.01-27.1 lets the holder recover $50 in addition to the face amount and any legal interest the bank charged, which is the practical ceiling most Virginia landlords use.

HB 1005 and SB 313 (2026 Session, Acts of Assembly ch. 722), effective July 1, 2026, amended § 55.1-1204 to require landlords to accept check and money order, provide receipts on request, keep a fee-free payment option, and limit payment processing fees to actual third-party cost. The fee disclosure statement in § 55.1-1204.1 was amended in 2024 (chs. 788, 826) and 2025 (ch. 567). The 10 percent late charge cap itself was not changed, and it also carries forward unchanged into the version of § 55.1-1204 taking effect July 1, 2027.

Nearly every aggregator describes Virginia's rule as a flat 10 percent cap and drops the remaining-balance half of the test. That omission is the most common source of overcharges: on a partial payment the cap is 10 percent of what is still owed, which can be a few dollars. The cap applies per late charge, so a daily accruing fee must still total no more than the statutory maximum for that period. Since July 1, 2026 you must also accept rent and security deposits by check and money order, keep at least one fee-free payment method, cap any payment processing fee at your actual third-party cost, and provide a written receipt on request.

• Va. Code § 55.1-1204
• Va. Code § 55.1-1204.1
• Va. Code § 55.1-1234