North Carolina 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.
Maximum late fee
Greater of $15 or 5%
Grace period
5 calendar days
The cap
Under N.C. Gen. Stat. § 42-46, For rent due monthly, a late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. For weekly rent: $4 or 5% of the weekly rent. Only one late fee may be charged per late payment, and a fee may not be deducted from the next month's rent so as to make that payment short. For subsidized tenancies (HUD, USDA, public housing and similar), the fee is calculated on the tenant's share of the rent only.
When the fee can start
A fee may be charged only when a rental payment is five calendar days or more late, counting from the day after rent was due. The statute allows a fee only where "the parties may agree" to one — no agreement, no fee.
If you've been charged an illegal fee
Any rental agreement provision contrary to the late-fee statute is against North Carolina public policy and void — the landlord cannot enforce it.
Recent changes
Amendments in 2024–2025 adjusted eviction-related fee and attorney's-fee subsections; the late-fee caps and grace period are unchanged.
Charged a fee the law doesn't allow?
Answer a few questions and get a formal demand letter citing N.C. Gen. Stat. § 42-46 and exactly which rule your landlord broke — free to generate and download. We can also send it by USPS Certified Mail for you, with the delivery record that holds up in court.
Dispute my late feeDid your landlord also keep your security deposit?
North Carolina landlords have 30 days to return your deposit after you move out — and real penalties apply when they don't. Generate a formal demand letter citing N.C. Gen. Stat. § 42-52, and we can send it certified mail for you.
Demand my deposit backCommon questions
- Is there a limit on late fees for rent in North Carolina?
- Yes. Under N.C. Gen. Stat. § 42-46, For rent due monthly, a late fee may not exceed $15 or 5% of the monthly rent, whichever is greater. For weekly rent: $4 or 5% of the weekly rent. Only one late fee may be charged per late payment, and a fee may not be deducted from the next month's rent so as to make that payment short. For subsidized tenancies (HUD, USDA, public housing and similar), the fee is calculated on the tenant's share of the rent only.
- Can my landlord charge a late fee the day rent is due in North Carolina?
- No. A fee may be charged only when a rental payment is five calendar days or more late, counting from the day after rent was due.
- What can I do if my landlord charged an illegal late fee in North Carolina?
- Any rental agreement provision contrary to the late-fee statute is against North Carolina public policy and void — the landlord cannot enforce it.
Other North Carolina tenant rights
Landlords who get one of these wrong often get another wrong too.
Late fee laws in other states
These rules change at the state line. Every page is checked against that state's own published statute.
How this page was checked
- Read from the source. Every deadline, cap and penalty here was taken from the legislature's published text — the statute, session law or administrative code itself.
- No legal-information websites. Commercial summaries were used only to find a provision, never as authority for it. An automated check fails our build if any state we serve cites a secondary source.
- Locked against drift. The verified figures are pinned by regression tests, so a later edit cannot quietly change a deadline or a penalty.
- Last verified August 14, 2026. Laws change — confirm the current text before relying on it.
General information, not legal advice. We are not a law firm.
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