General info, not legal advice. Details

Virginia Late fee grace period

Last reviewed 2026-10-16

Is there a grace period before a late fee can be charged in Virginia?

When the landlord does not offer a written lease, rent is due on the 1st and is not late until after the 5th of the month; any late charge is capped at 10% (§ 55.1-1204(E)). Statute text: "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" (Va. Code § 55.1-1204(C)(4)).

Verified Source: Va. Code § 55.1-1204(C)(4) · last checked 2026-10-16

Related Virginia rules

Late fees

Late charge must be in the written lease and can't exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed.

Verified Source: Va. Code § 55.1-1204(E) · last checked 2026-10-15 · Full Virginia late fees page

Eviction notice (nonpayment)

Written notice giving the tenant 14 days to pay before the landlord may terminate.

Verified Source: Va. Code § 55.1-1245(F) · last checked 2026-10-23 · Full Virginia eviction notice (nonpayment) page

Same topic in neighboring states

All Virginia landlord-tenant law · Virginia landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

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