Rent grace periods: what they are and which states require one
A grace period is the number of days after the due date during which rent can arrive without a late fee. Rent is still due on the due date. Several states set a minimum by law: Texas two full days, Oregon until the fourth day of the period, New York and Washington five days, Maine 15 days and Massachusetts 30 days before any late charge.
What a grace period does and does not mean
A grace period only delays the late fee. It does not move the due date. If the lease says rent is due on the 1st and the grace period ends on the 5th, rent paid on the 4th is late but free of a fee. That difference matters, because in some states the clock for a nonpayment notice starts from the due date or a set day of the rental period, not from the end of the grace period.
Washington says this directly: its late fee statute, RCW 59.18.170, bars a late fee for rent paid within five days of its due date but does not stop a landlord from serving a notice to pay or vacate at any time after rent becomes due.
States with a grace period in the statute
Each row below comes from the statute linked in the sources. They are examples, not a full list. Many states have no statutory grace period, and some cities add one, so look up the law for each property.
| State | What the law says | Grace period in short |
|---|---|---|
| Texas | No late fee unless some rent has remained unpaid two full days after the original due date (Property Code 92.019) | Two full days |
| Oregon | No late fee unless rent is not received by the fourth day of the rental period (ORS 90.260) | Fourth day of the period |
| New York | No late fee unless rent is not paid within five days of the due date (RPL 238-a) | Five days |
| Washington | No late fee for rent paid within five days following its due date (RCW 59.18.170) | Five days |
| Maine | Rent is late if not paid within 15 days of the due date (14 M.R.S. 6028) | 15 days |
| Massachusetts | No interest or penalty until 30 days after rent is due (c. 186, 15B(1)(c)) | 30 days |
Each statute counts days in its own words ("two full days after", "within five days of", "by the fourth day of the rental period"). Count exactly as your statute does, and ask a local attorney if a weekend or holiday falls in the window.
Counting the days: a worked example
Example a made-up Oregon tenant owes $1,300, due on the 1st. The landlord may charge a late fee only if rent is not received by the fourth day of the rental period. Payment arrives on the 4th: no fee. Payment arrives on the 5th: the fee in the lease can apply. If the lease uses the 5 percent option, that is $65 for the first five-day period.
Example a made-up Texas tenant owes $1,100, due on the 1st. Read plainly, two full days after the 1st means the 2nd and 3rd must pass with rent still unpaid, so the earliest a fee can apply is the 4th. In a building with more than four units, a fee up to 10 percent, $110, is treated as reasonable.
Write the last fee-free day into the lease as a date-like rule (for example, the 3rd of each month in Texas), so tenants do not have to count.
Should you give more than the law requires?
You can always be more generous than the statute. Some owners match the grace period to when tenants are paid, which can mean fewer late payments and less chasing. Washington builds a version of this into law: a tenant whose main income is a regular monthly government assistance payment that arrives after the due date can ask in writing to move the due date, and the landlord must agree to a date no more than five days later (RCW 59.18.170).
- A short grace period plus a clear reminder on the due date gets most rent in on time.
- A longer grace period does not change when rent is legally due, so it does not weaken your position.
- Whatever you choose, apply it to every tenant the same way and write it in the lease.
Checklist for your lease
- Due date, written as a day of the month.
- Last day rent can arrive without a fee, at least as long as your state requires.
- The late fee amount, within your state’s limit (see late fee limits).
- How and where to pay, including a memo code for each unit.
- What happens if rent stays unpaid, in plain words, without promising steps your state does not allow.
How DoorKeeping handles it
DoorKeeping records each unit’s due date and your grace period, and each tenant pays your own bank with a memo like 12B SMITH and an exact amount, so you can see who is inside the grace period and who is past it. Any fee or notice waits for your one-tap approval. DoorKeeping gives no legal advice, so set the grace period from your state’s statute.
Sources
- Texas Legislature, S.B. 1414 (86th Legislature), amending Property Code 92.019, read Oct 29, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.260), read Oct 29, 2026
- New York Real Property Law 238-a, read Oct 29, 2026
- Washington RCW 59.18.170, read Oct 29, 2026
- Maine Revised Statutes, Title 14, section 6028, read Oct 29, 2026
- Massachusetts General Laws chapter 186, section 15B, read Oct 29, 2026
Questions
- Is rent late during the grace period?
- Yes. Rent is due on the due date; the grace period only delays the late fee. In Washington, for example, a landlord may still serve a notice to pay or vacate any time after rent becomes due.
- Do all states require a grace period for rent?
- No. Many states set none. Texas, Oregon, New York, Washington, Maine and Massachusetts are examples that do, each with a different number of days.
- How long is the grace period in New York?
- New York Real Property Law 238-a allows a late fee only if rent has not been paid within five days of the date it was due.