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Richmond, Virginia Medium-High Risk Clause

Late Fee Clause
in Your Lease

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Last reviewed: October 2026
Not legal advice
How this page is sourced

Statutes verified against primary state sources

Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.

Primary sourcesNot legal advice

Content verified against primary state statutes before publicationLast updated: October 2026

Location: Richmond, Virginia
Read time: 8 minutes

What it actually means, what Virginia law says, what's specific to Richmond - and exactly what to do. In plain English.

Short answer for Richmond

No section we read in Virginia law sets a grace period a written lease must give before a late fee; your lease names the day. Va. Code § 55.1-1204(E) allows a fee only if written into the lease, capped at the lesser of 10 percent of the rent or of the remaining balance due. With no written lease offered, rent is late if unpaid by the fifth of the month (§ 55.1-1204(C)). Check the fee against the cap first.

Check a late fee

What is your situation?

My rent is late

No section we read in Virginia law sets a grace period for a written lease, so read your late fee clause for the day the charge attaches. Where no written lease was offered, rent is late if unpaid by the fifth of the month (§ 55.1-1204(C)). Losing the tenancy runs on another clock: the landlord may terminate if rent stays unpaid 14 days after written notice of nonpayment (§ 55.1-1245(F)).

Count the 14 days
My landlord charged a late fee

Find the late fee paragraph: § 55.1-1204(E) bars a late charge the written lease does not provide for. Then check the amount against the cap, the lesser of 10 percent of the periodic rent or of the remaining balance due. On $1,500 rent with the whole month unpaid the ceiling is $150; with $300 still owed it is $30. Ask in writing for any excess to be reversed, ledger attached.

Ask for the late fee to be corrected
The late fee seems too high

Virginia caps a late charge at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed (§ 55.1-1204(E)), and the subsection names no dollar figure. Work out both limbs; the lower one is the ceiling. A flat fee that fits a missed month can go over the remaining-balance limb after a partial payment: with $300 still owed, the most is $30.

Check a late fee
My lease charges a fee every day

No section we read in Virginia law speaks to a charge that repeats each day; what § 55.1-1204(E) fixes is that any late charge must be in the written lease and may not exceed the lesser of 10 percent of the periodic rent or of the remaining balance due. Check each charge against that ceiling for the balance owed that day. Ask in writing which lease paragraph provides for it.

Ask for the late fee to be corrected
I'm the landlord setting a late fee

Put the late charge in the written lease, since § 55.1-1204(E) bars one the lease does not provide for. Keep every charge within the lesser of 10 percent of the periodic rent or of the remaining balance due. From July 1, 2027, a landlord with more than four units must offer a payment plan in set cases, with no added late fees while the tenant pays on time (§ 55.1-1245).

Read the Virginia law section
Quick summary: 5 key points
  • Our record of the Virginia Act finds no grace period a written lease must give before a late fee.
  • A landlord may not charge a late fee the written lease does not provide for (§ 55.1-1204(E)).
  • The cap is the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance.
  • With no written lease offered, rent unpaid by the fifth of the month is late (§ 55.1-1204(C)).
  • Our record of Richmond's City Code finds no Richmond rule on late fees for rent.

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Step by step

How it plays out

  1. Rent due dateYour lease sets the dayOur record of the Virginia Act finds no grace period a written lease must give before a late fee.
  2. Fee is chargedCapped at 10 percentOnly if the written lease provides for it, and never more than the lesser of 10 percent of the periodic rent or of the remaining balance due (§ 55.1-1204(E)).
  3. Notice served14 days to pay rentIf rent is still unpaid 14 days after written notice, the landlord may terminate (§ 55.1-1245(F)).
  4. First return datePay all to redeemPaying all rent due, late charges, attorney fees and court costs at or before the first return date redeems the tenancy (§ 55.1-1250(B)).

Try your numbers

Is your late fee over the limit?

Most allowed10% of the rent
Your charge

Applies to a late fee provided for in a Virginia written rental agreement, on rent paid monthly with at least one full month's rent still owed. The cap is the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed, so if less than a month's rent is still owed, the limit is 10 percent of that balance: enter the balance still owed in place of the monthly rent (Va. Code § 55.1-1204(E)). Arithmetic only, not legal advice.

Count it for your dates

14 days: when does it end?

Day 14 falls on

What it means: If the rent is still unpaid 14 days after the notice is served, the landlord may terminate the rental agreement. Applies to a Virginia landlord ending a tenancy for unpaid rent. This is a termination period; our record of the Act does not tie it to when a late fee may be charged (Va. Code § 55.1-1245(F)). Calendar arithmetic only; check how the section counts days before you rely on a date.

Copy and send: As soon as a late fee on your ledger looks larger than the cap or your lease does not provide for it

Ask for a late fee to be corrected

Fill in the brackets and keep a copy of what you send.

Section 01

Understanding the Late Fee Clause

This page is for Richmond renters checking a late fee clause, before signing or after a fee shows up on the ledger. Virginia's Act caps the size of the fee, and our record of it finds no day count for a written lease, which leaves your lease to name the day the fee starts.

Read the clause for the due date, the late date and the amount. Then check the amount against the cap, because a fee that fits a missed month can be too high after a partial payment.

What renters assume

Rent is due on the first, so Virginia must give renters until the fifth of the month before a late fee can land.

What is actually true

The fifth of the month in § 55.1-1204(C) applies where a landlord does not offer a written rental agreement. For a written lease, our record of the Act finds no required grace period, which leaves your lease to name the day.

Richmond is one of 17 rows on the comparison on this page with no grace figure. The others are Los Angeles, Miami, Chicago, Phoenix, Atlanta, Columbus, Newark, Detroit, Minneapolis, Milwaukee, Kansas City, Indianapolis, Louisville, Oklahoma City, Salt Lake City and Philadelphia, where the row reads no statute.

The other 11 rows carry a wait. Boston sits at 30 days, Baltimore at 10 under a city rule, and Denver at 7. New York City, Seattle, Nashville, Washington and Charlotte sit at 5, Portland at 4, Las Vegas at 3 and Austin at 2.

A blank bar measures days of grace and nothing else. It cannot show the ceiling in § 55.1-1204(E), the lesser of 10 percent of the periodic rent or of the remaining balance.

Virginia's label carries that cap in brackets, as Minnesota's carries 8% and Utah's 10% or $75.

Clause decoder

Late Fee Clause Example - What the Wording Looks Like in Richmond, VA

The sample clause below comes from a North Carolina court case, and the notes explain what Virginia law says about each part. It is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

A $31.00 late charge, together with all reasonable costs of collection, including legal fees, shall be payable with any rent not received on or before the fifth day of each calendar month.

Quoted from the published opinion in Friday v. United Dominion Realty Trust, Inc., 155 N.C. App. 671 (2003). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“$31.00 late charge”

Virginia tests a fixed sum like this against two percentages at once, one tied to the rent and one tied to what is still unpaid. Va. Code § 55.1-1204(E) caps a late charge at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed. North Carolina, where Friday was decided, takes the greater of $15.00 or 5%; Virginia takes the lesser of two percentages, and the subsection our record quotes names no dollar figure at all.

See the example
Friday turned on a fixed figure written past a cap: $30.50 allowed on that tenant's rent, $31.00 in the lease, and the clause void although the landlord's actual charges were $30. On $1,500 monthly rent with $300 still owed, the Virginia ceiling is $30, a dollar under this clause. Our Virginia record states the cap and does not say what a court does with a clause that can pass it.
Tenant-favourable“A late charge of no more than 10 percent of the monthly rent or 10 percent of the balance still owed, whichever is less”
What this lease said“$31.00 late charge”
Landlord-favourable“A late charge of $31.00 applies to any late payment, whatever part of the rent remains unpaid”
2

“reasonable costs of collection, including legal fees”

Collection costs and legal fees ride along with the fee in this clause. The Virginia sections our record holds on this question deal with the late charge, the nonpayment notice and redemption, and none of them sets a rule for collection costs a lease adds. Check the Act's current text on law.lis.virginia.gov before you pay a line billed as collection costs. Our Virginia record does bring these items together at one point, the unlawful detainer. Under § 55.1-1250(B), a tenant facing one may pay or present a redemption tender for “all rent due and owing as of the return date, including late charges, attorney fees, and court costs” at or before the first return date.

See the example
That tender counts late charges, attorney fees and court costs beside the rent, so the ledger behind it matters. Ask for one that shows rent, each late charge and any fees on separate lines, and check every late charge against the § 55.1-1204(E) ceiling for the balance owed that month.
Tenant-favourable“Tenant owes the late charge stated in this paragraph and no separate charge for collecting it”
What this lease said“reasonable costs of collection, including legal fees”
Landlord-favourable“Tenant shall pay every cost and attorney fee Landlord incurs in collecting any sum, whether or not suit is filed”
3

“shall be payable”

Here the clause does the work Virginia asks of it, by making the fee owed under the lease itself. Under § 55.1-1204(E) a landlord “shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement”, and § 55.1-1204(A) lists “charges for late payment of rent” among the terms a lease may include. A late charge your written lease never provides for is the charge that sentence bars. Our record of Richmond's code, codified through Ordinance No. 2025-207, finds no Richmond rule on late fees for rent, and § 55.1-1201(E) says the Act “shall supersede all other local ordinances or regulations concerning landlord and tenant relations”.

See the example
Owing the fee and facing termination run on different clocks. § 55.1-1245(F) lets a landlord terminate for nonpayment if the tenant fails to pay rent within 14 days after written notice is served, and our record does not tie that period to when a late fee may be charged.
Tenant-favourable“The late charge in this paragraph is the sole charge Tenant owes for paying rent late”
What this lease said“shall be payable”
Landlord-favourable“Late charges, fees and costs are additional rent and shall be payable with any rent, as Landlord applies them”
4

“on or before the fifth day of each calendar month”

Virginia has a fifth of the month too, but it belongs to a different lease. § 55.1-1204(C) applies where a landlord does not offer a written rental agreement: rent is then due on the first and “considered late if not paid by the fifth of the month.” For a written lease our record of the Act finds no grace period it must give, which leaves the paragraph you signed as the document that sets the day. Subsection (C) also says that after the fifth the landlord “shall be entitled to charge a late charge as provided in this chapter”, while (E) bars one not provided for in the written agreement; we quote both without reading one over the other.

See the example
A limit on stacking fees is enacted but not yet in force. The versions of § 55.1-1245 marked effective July 1, 2027 and later require a landlord who owns more than four rental dwelling units, or more than a 10 percent interest in more than four, to offer a payment plan in set cases. During it the landlord “shall not charge any additional late fees” on that amount while the tenant pays on time. The version in force now does not contain that subsection.
Tenant-favourable“No late charge applies to rent received on or before the fifth day of the month”
What this lease said“on or before the fifth day of each calendar month”
Landlord-favourable“Rent is late if not received by 5 p.m. on the first day of the month, and the late charge applies at once”
What the court did with it

Void by one dollar. The statutory cap worked out to $30.50 on that tenant's rent; the leasing agent rounded it up to $31.00. The court struck the provision anyway - and it did not matter that the landlord had only ever actually charged $30. A clause that could exceed the cap was void as written.

How this state's law treats this clause
Virginia puts the late fee in the written lease and caps it in the same subsection, at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due. Our record of the Act finds no grace period a written lease must give, which leaves the paragraph you signed to set the day. Both limits sit in: Va. Code § 55.1-1204(E); Va. Code § 55.1-1204(C); Va. Code § 55.1-1204(A); Va. Code § 55.1-1201(A); Va. Code § 55.1-1201(E); Va. Code § 55.1-1245(F); Va. Code § 55.1-1250(B)

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

Section 02

Virginia Law on Late Fee Clause

The law in Virginia
  • The cap is written into the same subsection that requires the fee to be in writing.
    Read the law's wordsVa. Code § 55.1-1204(E) provides: "A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant." On $1,500 monthly rent with the whole month unpaid, the ceiling is $150; if only $300 is still owed, it is $30. Section 55.1-1204(A) lists "charges for late payment of rent" among the terms a landlord and tenant may include in a rental agreement.
  • A default timetable applies only when no written lease was offered.
    Read the law's wordsUnder § 55.1-1204(C), if a landlord does not offer a written rental agreement, the tenancy exists by operation of law, and "Rent payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month"; "If the rent is paid by the tenant after the fifth day of any given month, the landlord shall be entitled to charge a late charge as provided in this chapter." Section 55.1-1204(E), quoted above, separately bars a late charge that is not provided for in the written rental agreement, and we quote both without reading one over the other.
  • Unpaid rent and a late fee run on different clocks.
    Read the law's wordsSection 55.1-1245(F) lets a landlord terminate for nonpayment only if "the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment". That is a termination period, and our record does not tie it to when a late fee may be charged. Under § 55.1-1250(B), a tenant facing an unlawful detainer may pay or present a redemption tender for "all rent due and owing as of the return date, including late charges, attorney fees, and court costs" at or before the first return date.
  • A further limit is enacted but not yet in force.
    Read the law's wordsThe versions of § 55.1-1245 that the Legislative Information System marks effective July 1, 2027 and later add a subsection G requiring a landlord who owns more than four rental dwelling units, or more than a 10 percent interest in more than four, to offer a payment plan when the rent owed is no more than one month's rent plus late charges, and provides that "The landlord shall not charge any additional late fees during the payment plan period in connection with the unpaid rental amount for which the tenant entered into the payment plan so long as the tenant makes timely payments". The version effective until July 1, 2027 does not contain that subsection.

Sources include Va. Code § 55.1-1204(E); Va. Code § 55.1-1204(C); Va. Code § 55.1-1204(A); Va. Code § 55.1-1201(A); Va. Code § 55.1-1201(E); Va. Code § 55.1-1245(F); Va. Code § 55.1-1250(B) - statutes change; verify the current text for your situation.

Read the full state law section

Virginia's late fee rules and two related clocks:

  • § 55.1-1204(E): a landlord "shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement." The cap is the lesser of 10 percent of the periodic rent or of the remaining balance due.
  • § 55.1-1204(C): where no written rental agreement is offered, rent is due on the first and late if not paid by the fifth. If rent is paid after the fifth, the landlord "shall be entitled to charge a late charge as provided in this chapter."
  • § 55.1-1245(F): a landlord may end the tenancy for nonpayment if the tenant fails to pay within 14 days after written notice. Our record of the Act does not tie it to the late fee.
  • § 55.1-1250(B): in an eviction suit (unlawful detainer), a tenant may redeem by paying all rent due, late charges, attorney fees and court costs by the first return date.

Not yet in force: from July 1, 2027, § 55.1-1245 requires a landlord who owns more than four rental units, or more than a 10 percent interest in more than four, to offer a payment plan in set cases, with no added late fees on the planned amount while the tenant pays on time.

Section 03

What's Specific to Richmond

Grace period before a late fee

Same clause, 28 cities, different rules. Tap any city for its own guide.

Boston, Massachusetts
30-day grace
Baltimore, Maryland
10-day gracecity
Denver, Colorado
7-day grace
New York City, New York
5-day grace
Seattle, Washington
5-day grace
Nashville, Tennessee
5-day grace
Washington, District of Columbia
5-day grace
Charlotte, North Carolina
5-day grace
Portland, Oregon
4-day grace
Las Vegas, Nevada
3-day grace
Austin, Texas
2-day grace
Los Angeles, California
No required grace
Miami, Florida
No required grace
Chicago, Illinois
No required grace
Phoenix, Arizona
No required grace
Atlanta, Georgia
No required grace
Philadelphia, Pennsylvania
No statute
Columbus, Ohio
No required grace
Newark, New Jersey
No required gracebenefit exception
Detroit, Michigan
No required grace
Minneapolis, Minnesota
No required grace8% cap
Milwaukee, Wisconsin
No required grace
Kansas City, Missouri
No required grace
Indianapolis, Indiana
No required grace
Louisville, Kentucky
No required grace
Oklahoma City, Oklahoma
No required grace
Salt Lake City, Utah
No required grace10% or $75 cap
Richmond, Virginia
No required grace10% cap

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

Our record of the Code of the City of Richmond finds no Richmond rule on late fees for rent. In the codified code, "late fee", "late charge" and "grace period" appear only in the Tourism Improvement District fee article (§§ 12-291, 12-295 and 12-296), and we read Chapter 16, the Housing chapter, in full without finding a late fee provision.

Separately, Va. Code § 55.1-1201(E) says the Act "shall supersede all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property."

Is the late fee written into the lease?

If the written lease does not provide for a late fee, § 55.1-1204(E) bars the landlord from charging one.

Does the fee fit under the cap at your rent?

Work out 10 percent of your rent and 10 percent of the balance still owed. The lower figure is the ceiling.

Is it a flat fee whatever is still owed?

A fixed charge that fits a missed month can go over the remaining-balance limb of the cap after a partial payment.

Does it treat the 14-day notice as a grace period?

Those 14 days run after written notice of nonpayment and lead to termination. Our record of the Act does not tie them to the fee.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Section 04

Red Flags to Watch Out For

  • A flat fee charged on any balance

    After a partial payment the cap can drop to 10 percent of what is still owed. With $300 owed, that is $30.

  • A fee above 10 percent of the rent

    On $1,500 monthly rent the ceiling is $150, even with the whole month unpaid.

  • A late charge the lease never names

    A fee the written lease does not provide for is barred by § 55.1-1204(E). Find the paragraph before you pay the line.

  • A nonpayment notice read as a fee deadline

    The 14 days in § 55.1-1245(F) run from written notice of nonpayment and end in a right to terminate. Note the day it was served.

  • A city code section cited for a rent fee

    Our record of Richmond's code finds "late fee" only in the Tourism Improvement District fee article, and no Richmond rule on late fees for rent.

Section 05

Your Rights as a Richmond Tenant

  • The fee must be in writing

    No late charge unless the written rental agreement provides for it, under § 55.1-1204(E).

  • A ceiling on the fee

    The lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed.

  • Written notice before a nonpayment termination

    A landlord may end the tenancy for nonpayment only after 14 days from written notice without payment (§ 55.1-1245(F)).

  • Redemption before the first return date

    Paying all rent due, late charges, attorney fees and court costs at or before the first return date redeems the tenancy (§ 55.1-1250(B)).

Section 06

What To Do - Step by Step

1

Read the fee clause word for word

Note the day the charge attaches, the amount, and whether it is a flat figure or a percentage of rent.

2

Work out both limbs of the cap

Take 10 percent of your rent and 10 percent of the balance still owed. The lower figure is the most the fee can be.

3

Rebuild the ledger yourself

List every payment and every charge with its date. Check each late charge against the ceiling for the balance owed that day.

4

Put your position in writing

Cite § 55.1-1204(E), attach the ledger, and ask for any charge above the ceiling to be reversed.

5

Watch the 14-day notice

If a written notice of nonpayment arrives, note the day it was served. The landlord may terminate if rent is still unpaid 14 days later.

6

Get advice before the return date

If an eviction suit is filed, Virginia legal aid can review your lease and ledger while the redemption window is still open.

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Section 07

Frequently Asked Questions

how many days late can rent be before a late fee in richmond va
Our record of the Virginia Act finds no required number of days for a written lease, which leaves your late fee clause to name the day. Where no written lease was offered, § 55.1-1204(C) makes rent late if not paid by the fifth of the month.
what is the maximum late fee in virginia
Under Va. Code § 55.1-1204(E), a late fee clause can charge no more than the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed.
can a virginia landlord charge a late fee that is not in the lease
§ 55.1-1204(E) says a landlord "shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement." If your written lease has no late fee clause, that section bars the fee.
how much notice does a virginia landlord give for unpaid rent
§ 55.1-1245(F) lets a landlord end the tenancy if rent is still unpaid 14 days after written notice of nonpayment. That is a separate clock from the late fee clause in your lease.

Late Fee rules near Virginia

The same clause in the nearest states we cover.

District of ColumbiaWashingtonGrace before a late fee5-day graceRead the guide →MarylandBaltimoreGrace before a late fee10-day graceRead the guide →PennsylvaniaPhiladelphiaGrace before a late feeNo statuteRead the guide →North CarolinaCharlotteGrace before a late fee5-day graceRead the guide →

Clause Risk Level

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Medium-High. Always read this clause carefully before signing any rental agreement.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general Virginia and Richmond law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in Virginia for advice about your specific situation.