Washington, D.C. Late Rent Fee Laws: Limits, Grace Periods, and Penalties
What Washington, D.C. landlords can charge when rent is late, how long they must wait, and what an illegal fee costs. Last reviewed 2026-08-16.
How much can a landlord charge in Washington, D.C.?
D.C. Code § 42-3505.31(a) limits a late fee to no more than 5% of the full amount of rent due from the tenant. Where a subsidy provider pays part of the rent, subsection (c) bars any fee on the subsidized portion, so the 5% is measured against the tenant's share. Subsection (c) also prohibits charging interest on a late fee, deducting a late fee from a later rent payment, and imposing more than one late fee on a single late payment — which rules out daily or recurring charges. The rule came from the Rental Housing Late Fee Fairness Amendment Act of 2016 and applies to housing providers District-wide, not just rent-controlled units.
How late does rent have to be?
Section 42-3505.31(b) allows a late fee only if the tenant has not paid the full rent within five days after the due date, or within any longer grace period the lease provides. The lease can extend the window but cannot shorten it below five days.
Does the fee have to be in the lease?
A late fee may be charged only if the written lease informs the tenant of the maximum amount of the late fee that may be charged. A lease that is silent on the amount, or that states a figure above 5%, does not support a lawful charge.
What happens if you charge too much?
Under D.C. Code § 42-3509.01(a-1), a housing provider who knowingly or willfully violates § 42-3505.31 — or evicts for nonpayment of a late fee — is liable to the tenant for the amount by which the fee exceeds the allowable fee, or treble that amount in bad faith, and is subject to a civil fine of at least $100 and up to $5,000 for each violation.
Returned payment fees
No landlord-specific statutory cap. Under D.C. Code § 28-3152 a merchant who gives conspicuous notice may recover the face amount of a dishonored check plus additional damages of twice the check amount or $100, whichever is greater, plus costs and reasonable attorney fees, after a written demand and 30 days.
What Washington, D.C. landlords get wrong
The collection mechanics are unusually specific in DC and are where small landlords slip. After the grace period you must issue the tenant an invoice payable within 30 days; you cannot simply net the fee out of the next rent check, and you cannot start an eviction over the unpaid fee. If the invoice goes unpaid, the lawful late fee may be deducted from the security deposit at the end of the tenancy along with other amounts lawfully due. One fee per late payment means the 5% is a one-shot charge, not a monthly recurring penalty on the same arrears. The 5% is calculated on the tenant's rent obligation, so with a voucher, 5% of the tenant portion — not 5% of the contract rent.
The law itself
Frequently asked questions
What is the maximum late fee for rent in Washington DC?
Five percent of the full amount of rent due from the tenant, under D.C. Code § 42-3505.31. Only one late fee may be imposed per late payment, so it is not a recurring or daily charge. If a voucher or subsidy covers part of the rent, the landlord cannot charge any fee on the subsidized portion — the 5% applies only to the tenant's own share.
How many days late before a landlord can charge a late fee in DC?
Five days. A DC housing provider may charge a late fee only after the tenant has failed to pay the full rent within five days of the due date, or within a longer grace period if the lease grants one. The lease may lengthen the window but cannot shorten it, and the maximum fee must be stated in the written lease.
Can a DC landlord evict a tenant for not paying a late fee?
No. D.C. Code § 42-3505.31(c) expressly prohibits evicting a tenant on the basis of nonpayment of a late fee. The landlord must instead invoice the fee, payable within 30 days, and may deduct any unpaid lawful late fees from the security deposit at the end of the tenancy. Deducting a late fee from a rent payment is also prohibited.
What happens if a DC landlord charges more than the legal late fee?
Under D.C. Code § 42-3509.01(a-1), a housing provider who knowingly or willfully violates the late fee law is liable to the tenant for the excess over the allowable fee, or treble that amount if the violation was in bad faith. They also face a civil fine of at least $100 and up to $5,000 for each violation. Tenants can complain to the Office of the Tenant Advocate.
Keep reading
Charging the wrong late fee can cost you more than the rent.
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