Virginia 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
Lesser of 10% of rent or balance due
Grace period
None (5th of month if no written lease)
The cap
Under Va. Code § 55.1-1204(E), Virginia caps late fees at the lesser of 10% of the periodic rent or 10% of the remaining balance the tenant actually owes — so if you've paid part of the rent, the cap shrinks with it.
When the fee can start
With a written lease there is no statutory grace period — the lease's terms govern, subject to the cap. Where no written rental agreement was offered, statutory default terms apply and a fee may only be charged if rent is paid after the fifth of the month. A landlord may not charge a late fee at all unless it is provided for in the written rental agreement.
If you've been charged an illegal fee
The statute provides no fine or damages multiplier: an over-cap or non-lease-based charge is simply not lawfully owed. You can refuse it, demand a refund of amounts collected, and it cannot lawfully be included in a nonpayment case.
Charged a fee the law doesn't allow?
Answer a few questions and get a formal demand letter citing Va. Code § 55.1-1204(E) 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?
Every state sets a deadline for returning your security deposit, with real penalties for landlords who miss it. See what Virginia law requires and what your landlord may owe you.
Virginia deposit lawCommon questions
- Is there a limit on late fees for rent in Virginia?
- Yes. Under Va. Code § 55.1-1204(E), Virginia caps late fees at the lesser of 10% of the periodic rent or 10% of the remaining balance the tenant actually owes — so if you've paid part of the rent, the cap shrinks with it.
- Can my landlord charge a late fee the day rent is due in Virginia?
- No. With a written lease there is no statutory grace period — the lease's terms govern, subject to the cap. Where no written rental agreement was offered, statutory default terms apply and a fee may only be charged if rent is paid after the fifth of the month.
- What can I do if my landlord charged an illegal late fee in Virginia?
- The statute provides no fine or damages multiplier: an over-cap or non-lease-based charge is simply not lawfully owed. You can refuse it, demand a refund of amounts collected, and it cannot lawfully be included in a nonpayment case.
Statute text verified against the published source on August 6, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.