Maryland 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 Md. Code, Real Prop. § 8-208(d)(3), (g), Maryland prohibits any lease from imposing a late penalty above 5% of the unpaid rent due for the period — the delinquent amount, not necessarily the full month's rent. For weekly rentals the cap is $3 per week, at most $12 per month.

When the fee can start

Maryland law sets no mandatory grace period — when a late fee kicks in is governed by the lease. The cap operates as a prohibited-lease-provision rule: a lease term above it is unlawful to include at all. Landlords with five or more units must use written leases.

If you've been charged an illegal fee

A prohibited provision is unenforceable, and a landlord who includes one and attempts to enforce it — or even signals intent to — is liable for the tenant's actual damages plus reasonable attorney's fees.

Common questions

Is there a limit on late fees for rent in Maryland?

Yes. Under Md. Code, Real Prop. § 8-208(d)(3), (g), Maryland prohibits any lease from imposing a late penalty above 5% of the unpaid rent due for the period — the delinquent amount, not necessarily the full month's rent. For weekly rentals the cap is $3 per week, at most $12 per month.

Can my landlord charge a late fee the day rent is due in Maryland?

Maryland law imposes no mandatory grace period, so the lease controls when a late fee may be charged. The cap operates as a prohibited-lease-provision rule: a lease term above it is unlawful to include at all. Landlords with five or more units must use written leases.

What can I do if my landlord charged an illegal late fee in Maryland?

A prohibited provision is unenforceable, and a landlord who includes one and attempts to enforce it — or even signals intent to — is liable for the tenant's actual damages plus reasonable attorney's fees.