Virginia Late fees
Can a landlord charge a late fee in Virginia, and how much?
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
How this works in Virginia
A Virginia late charge must be in the written lease and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed.
Worked example for Virginia
Example: The written lease provides for a late charge, periodic rent is $1,000, and the remaining balance owed is also $1,000. 10% of either figure is $100, so the maximum in this example is $100. If the remaining balance owed were $400, 10% of that balance would be $40, and the lesser of 10% of the periodic rent or 10% of the remaining balance would be $40.
Virginia timelines and limits
| Lease requirement | The late charge must be in the written lease |
|---|---|
| Cap | The lesser of 10% of the periodic rent or 10% of the remaining balance owed |
Virginia FAQ
How much can a Virginia landlord charge for late rent?
No more than the lesser of 10% of the periodic rent or 10% of the remaining balance owed, and only if the late charge is in the written lease, under Va. Code § 55.1-1204(E).
Is the 10% figured only on the periodic rent?
No. The cap is the lesser of 10% of the periodic rent or 10% of the remaining balance due and owed by the tenant.
Does the late charge have to be in the lease?
Yes. The late charge must be in the written lease.
Sources for this section: Va. Code § 55.1-1204(E) (checked 2026-10-15)
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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