Washington D.C. Rent Late Fee Calculator: 5% Cap (2026)

Q: What is the maximum late fee a landlord can charge in Washington D.C.?

The cap is 5% of the full amount of rent due from the tenant.

Q: When can a Washington D.C. landlord charge a late fee?

Only when the tenant has not paid the full rent within five days after it was due.

Q: Does the late fee have to be in the lease in Washington D.C.?

Yes. D.C. Code §42-3505.31 requires the written lease to disclose the maximum late fee.

Q: Can a D.C. landlord charge interest or repeated late fees?

No. The landlord cannot charge interest on a late fee or impose it more than once for the same late payment.

Key answer: Washington D.C. caps a late fee at 5% of the full rent due. The written lease must disclose the maximum fee, and the landlord must wait until the tenant has not paid the full rent within five days after it was due.

Rule	Detail
Fee cap	5% of the monthly rent
Grace period	5 days
Must be in lease?	Yes — the written lease must state the maximum fee
Source	D.C. Code §42-3505.31

Example

With $1,500 rent due from the tenant, the maximum late fee is $75. If a subsidy provider is responsible for part of the rent, the landlord cannot impose a late fee on the tenant for the provider's late or unpaid portion.

Common mistakes

Charging a fee within the 5-day window — DC law only allows it after rent is beyond 5 days late.
Charging more than 5% of the full amount of rent due.
Adding interest, charging the fee more than once for the same late payment, or deducting it from a later rent payment.
Trying to evict solely because the tenant did not pay a late fee.

Frequently asked questions

What is the maximum late fee a landlord can charge in Washington D.C.?
The cap is 5% of the monthly rent.

When can a Washington D.C. landlord charge a late fee?
Rent must be 5 days past due before any late fee may be charged.

Does the late fee have to be in the lease in Washington D.C.?
Yes. D.C. Code §42-3505.31 requires the written lease to inform the tenant of the maximum late fee.

Can a D.C. landlord charge interest or repeated late fees?
No. A landlord cannot charge interest on a late fee or impose the fee more than once for the same overdue rent payment.

Can a D.C. tenant be evicted for not paying a late fee?
No. The statute prohibits eviction based on nonpayment of a late fee.

Rent increase rules

D.C. rent-stabilization and rent-increase rules are separate from the late-fee statute and depend on whether the unit is rent-controlled or exempt. Verify the unit's status with the D.C. Department of Buildings or Rent Administrator before increasing rent.

Sources

D.C. Code §42-3505.31 - Official or primary source
D.C. Office of the Tenant Advocate late-fee FAQ
Cross-check: HUD Cityscape survey (2022)

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Not legal advice. Verify against your lease and local rules.

Calculate your Washington D.C. late fee

Educational tool - not legal advice. Verify against official statutes and your lease.