Washington DC late fee laws for rent: 5 percent cap, lease wording and invoice
In Washington, DC, a housing provider may charge a late fee of no more than 5 percent of the full amount of rent due, and only if the tenant has not paid within 5 days. The lease must also tell the tenant the maximum late fee that may be charged (D.C. Code 42-3505.31).
What must be true before you charge a late fee in DC?
Section 42-3505.31 builds the rule from three pieces. The fee cannot exceed 5 percent of the full amount of rent due. The lease must inform the tenant of the maximum late fee that may be charged. And the tenant must not have paid the full amount of rent within 5 days.
The lease piece is the one owners miss. A lease that mentions a "late fee" without stating the maximum does not meet the condition, so the clause needs an actual figure or percentage in it, stated as the most that can be charged.
How big can the fee be?
Five percent of the full rent due is the ceiling. Because the base is the full amount, the fee is measured against the whole monthly rent, not against an unpaid balance.
| Full rent due | Ceiling at 5 percent |
|---|---|
| $1,400 | $70.00 |
| $2,000 | $100.00 |
| $2,850 | $142.50 |
Example a made-up owner of a rowhouse unit rents it at $2,000 and the lease says "late fee up to 5 percent of rent." That wording states the maximum, so the owner may charge up to $100. If the tenant pays $1,500 on the 3rd and the remaining $500 on the 12th, the full amount was not paid within 5 days, and a fee up to $100 is allowed. The fee is not $25 (5 percent of the $500 balance), because the statute measures against the full rent due.
What does the 30-day invoice rule mean?
After the grace period, the statute says a housing provider may send an invoice for the late fee, and that invoice is to be paid within 30 days after the date of issuance. In practice that means the late fee is billed separately from rent and the tenant gets a month to pay it. Issue the invoice with the amount, the rent period it relates to and the date, and keep a copy.
- Bill the fee on its own invoice or ledger line, never folded into the next month's rent.
- Write the issue date on the invoice, since the 30 days run from it.
- Do not charge a second fee for the same late payment.
What if your lease gives more than five days?
A lease can give the tenant longer. The statute sets the earliest point at which a fee is possible, and nothing in it stops you from promising a longer wait. If your lease says 7 days, hold to 7 days. Writing a shorter period than the statute, such as 3 days, would not hold up.
How DoorKeeping handles it in DC
DoorKeeping sets late fees within your state's caps and shows the fee as its own line, so the amount you approve stays under 5 percent of rent and waits until the fifth day has passed. Rent and payments stay in your own bank accounts. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice. Confirm your lease wording with your own attorney.
Sources
- D.C. Code 42-3505.31, Late fees (Council of the District of Columbia), read Oct 30, 2026
Questions
- What is the maximum late fee in Washington, DC?
- No more than 5 percent of the full amount of rent due under D.C. Code 42-3505.31.
- How soon can a DC landlord charge a late fee?
- Only if the tenant has not paid the full amount of rent within 5 days. A longer grace period in the lease extends that wait.
- Does the lease have to mention the DC late fee?
- Yes. The lease must inform the tenant of the maximum late fee that may be charged, or the fee is not allowed.
- How long does a DC tenant have to pay a late fee invoice?
- The statute says an invoice for the fee is to be paid within 30 days after the date of issuance.