District of Columbia rent late fee law

What your landlord is allowed to charge when rent is late, how soon they can charge it, and what to do about a fee the law doesn't allow.

The cap

Under D.C. Code § 42-3505.31; penalties at § 42-3509.01(a-1), DC caps late fees at 5% of the full rent due, and adds hard prohibitions: no interest on late fees, no deducting a fee from a later rent payment, no more than one fee per late payment, no fee on the portion of rent a subsidy provider owes — and a tenant can never be evicted over unpaid late fees.

When the fee can start

A fee is allowed only if the full rent hasn't been paid within five days of the due date (or any longer grace period in the lease). The written lease must inform the tenant of the maximum late fee that may be charged — no disclosure, no fee. The landlord must also invoice the fee and give 30 days to pay it.

If you've been charged an illegal fee

A landlord who overcharges is liable for the amount above the allowable fee — trebled if in bad faith — plus a civil fine of $100 to $5,000 per violation.

Common questions

Is there a limit on late fees for rent in District of Columbia?

Yes. Under D.C. Code § 42-3505.31; penalties at § 42-3509.01(a-1), DC caps late fees at 5% of the full rent due, and adds hard prohibitions: no interest on late fees, no deducting a fee from a later rent payment, no more than one fee per late payment, no fee on the portion of rent a subsidy provider owes — and a tenant can never be evicted over unpaid late fees.

Can my landlord charge a late fee the day rent is due in District of Columbia?

No. A fee is allowed only if the full rent hasn't been paid within five days of the due date (or any longer grace period in the lease).

What can I do if my landlord charged an illegal late fee in District of Columbia?

A landlord who overcharges is liable for the amount above the allowable fee — trebled if in bad faith — plus a civil fine of $100 to $5,000 per violation.