Virginia Rent Late Fee & Grace Period Calculator
$180.00
Statutory safe harbor limit of 10% of monthly rent under Va. Code Ann. § 55.1-1204(E).
Virginia Late Fee Laws at a Glance (Va. Code Ann. § 55.1-1204(E))
Under Va. Code Ann. § 55.1-1204(E), Virginia statute does not mandate a statutory grace period unless agreed upon in the rental agreement.
| Mandatory Grace Period | No statutory grace period (governed by written lease terms) |
|---|---|
| Maximum Statutory Fee Limit | Under Va. Code Ann. § 55.1-1204(E), late fees are strictly capped at 10% of the periodic rent or 10% of the remaining unpaid balance, whichever is less. |
| Written Lease Clause Required? | Yes — Mandatory under state law |
| Primary Governing Statute | Va. Code Ann. § 55.1-1204(E) ↗ |
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Key Virginia Statutory Nuances & Legal Precedents
- Statutory 10% Cap: Va. Code § 55.1-1204(E) strictly prohibits late charges in excess of 10% of the periodic rent or 10% of the unpaid balance, whichever is lesser.
- Mandatory Written Lease Disclosure: Late charges cannot be collected unless expressly provided for in the written rental agreement signed by the tenant.
- Lesser of Balance or Rent Rule: If a tenant only owes a partial remaining balance of on a ,000 rent, the late fee is capped at 10% of (), not 10% of the full rent.
Richmond Partial Rent Payment Late Fee Cap
$1,800
Day 7
$220
$180
On a monthly rent of ,800, the landlord charged a late fee. Under Va. Code Ann. § 55.1-1204(E), the maximum allowable late fee is strictly 10% (). The extra is an unlawful overcharge that the landlord must credit or refund to the tenant.
Virginia Rent Late Fee & Grace Period FAQs
What is the legal limit for late fees in Virginia?
Under Virginia Code § 55.1-1204(E), a landlord cannot charge a late fee that exceeds 10% of the periodic rent amount or 10% of the remaining unpaid balance, whichever is less.
Does Virginia law require a grace period before charging a late fee?
No. Virginia state law does not mandate an automatic statutory grace period. Unless a grace period is explicitly stated in the lease agreement, rent is past due the day after the due date.
Can a Virginia landlord charge a late fee on partial rent payments?
Yes, but the fee is strictly capped at 10% of the unpaid balance. For example, if a tenant pays ,500 of a ,000 rent on time, the late fee on the remaining balance cannot exceed .
Are oral agreements for late fees enforceable in Virginia?
No. Virginia Code § 55.1-1204(E) explicitly requires late fees to be specified in a written rental agreement. Landlords cannot assess late charges on verbal leases.