Late Rent Fees · Maryland
Late rent fees in Maryland
The cap is 5% of the unpaid rent due for the delinquent period. There is no mandatory grace period.
Maximum fee
5% of the unpaid rent due for the delinquent period
Maryland imposes no statutory grace period at all — the section requires none, and the 10-day figure widely reported for Maryland does not exist in the statute. The base changed from "rent due" to "unpaid rent due" by Ch. 580 (HB 273, 2025). Weekly leases: no more than $3 per week or $12 per month. A prohibited clause is unenforceable and exposes the landlord to actual damages and fees.
“Provides for a penalty for the late payment of rent in excess of 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent”
Mandatory grace period
None required
“Provides for a penalty for the late payment of rent in excess of 5% of the amount of unpaid rent due for the rental period for which the payment was delinquent”
What the percentage applies to
Maryland imposes no statutory grace period at all — the section requires none, and the 10-day figure widely reported for Maryland does not exist in the statute. The base changed from "rent due" to "unpaid rent due" by Ch. 580 (HB 273, 2025). Weekly leases: no more than $3 per week or $12 per month. A prohibited clause is unenforceable and exposes the landlord to actual damages and fees.
This matters more than it sounds. Where a cap is a percentage of the past-due or unpaid amount rather than full monthly rent, a tenant who pays most of the rent shrinks the lawful fee at the same time. Colorado and Maryland are both written that way, and a landlord applying the percentage to full rent after a partial payment is overcharging.
A fee above the cap is void, not reduced
Statutory caps are mandatory, and a tenant’s signature does not cure an unlawful clause. Several states go further and attach a penalty to charging one: Colorado imposes $50 per violation, and Maryland makes the clause unenforceable and exposes the landlord to the tenant’s actual damages and legal fees. This is not a “worst case, they just don’t pay it” situation.
Watch out for the wrong statute
If you search for your state’s late fee limit you will very likely be told it is “$20 or 20% of monthly rent, whichever is greater”. In nine states that rule is real, but it sits in the self-service storagestatute, not residential landlord–tenant law. It does not govern a house or an apartment. Two other widely-quoted figures — Arizona’s “$50 or 5%” and North Dakota’s 8% — come from bills that never passed. The comparison page explains which is which.
Other states with a null-day grace period
Common questions
- How much can a landlord charge for a late fee in Maryland?
- 5% of the unpaid rent due for the delinquent period, under Md. Real Prop. 8-208(d)(3). A fee above the cap is void and unenforceable even if the tenant signed the lease. Maryland imposes no statutory grace period at all — the section requires none, and the 10-day figure widely reported for Maryland does not exist in the statute. The base changed from "rent due" to "unpaid rent due" by Ch. 580 (HB 273, 2025). Weekly leases: no more than $3 per week or $12 per month. A prohibited clause is unenforceable and exposes the landlord to actual damages and fees.
- Does Maryland require a grace period before charging a late fee?
- No. Maryland imposes no statutory grace period, so a fee may be charged as soon as rent is late if the lease provides for it. Many landlords still allow 3–5 days as a matter of practice.
- Can I charge a late fee if it is not in the Maryland lease?
- No. In virtually every state a late fee is only enforceable if the signed lease states it — the amount, when it applies, and any grace period. If the lease is silent you cannot impose one mid-tenancy without an amendment both parties agree to.
Check your fee against the law automatically
Pacific Rentals Pro warns you when a lease’s late fee exceeds the state cap or its grace period falls below the statutory minimum — using exactly the Maryland rule on this page.
Start free →Read against the cited sources on November 6, 2026. Authority: Md. Real Prop. 8-208(d)(3). General information about Marylandlaw, not legal advice — statutes change and local ordinances can add caps the state does not.