Tip #44

Daily Late Fees Provide Motivation to Pay Rent Quickly

Written on August 21, 2014 by , updated on December 17, 2014

Daily Late FeesLate fees provide the proverbial muscle to motivate tenants to pay their rent on time.

One-time fees are great, but daily late fees are better.

I don’t enjoy charging late fees, and have never had a late rent payment since I started using Cozy. However, I still include late fees in my lease, just in case a tenant decides to be rebellious.

Laws Exist, but Differ

Because some cowboy landlords have gotten a little carried away with late fees, many states have put limits on the fees a landlord can charge for late rent. Further, many cities and localities have additional rent control ordinances to regulate late fees.

For example:

  • Oregon specifically allows a landlord to charge daily late fees starting the 5th of the month.
  • California and Texas simply state “a reasonable amount” is allowed.
  • New Mexico takes it a step further by allowing late fees, but not more than 10 percent of the rent amount, and the landlord must give notice of the late fee charged no later than the last day of the following month after the default occurred.

The Perfect Late Fee Combination

One-Time Fees

My state doesn’t have a statute on late fees, but that doesn’t mean I can charge whatever I want!

Any fee that is not “reasonable” will likely get thrown out of court. Unfortunately, the term “reasonable” is not very helpful because everyone has a different opinion of what that means.

Define “Reasonable”

Generally speaking, a one-time late fee of 3-5 percent will be considered “reasonable” by most people.

To double-check, ask your friends and family what they think. If they cringe when you tell them your late fee, you’ll know it’s too high.

With that said, I have seen large, nationwide apartment companies charge as much as 10 percent and get away with it. I suppose they think it’s better to ask forgiveness than permission.

One-Time Fees Aren’t Enough

The problem with one-time late fees is that once the tenant has incurred the late fee, there’s no incentive to pay rent quickly, and often the tenant will wait until the end of the month to pay up.

Since the rent is already late, why should the renter scramble for money to pay rent on the 6th, when it could wait until the 30th at no additional cost?

Daily Late Fees

The beauty of charging a daily late fee in addition to a one-time fee is that once the tenant incurs the initial fee, there is still financial motivation to deliver the money as soon as possible.

Personally, I charge a $20 daily fee, starting on the 2nd late day and every day thereafter, until rent is paid in full. This ensures that the tenant will continue to attempt to pay rent quickly, even if it is officially late.

When you use a one-time fee and a daily late fee together, it really provides incentive for the tenant to pay rent on time.

Keep in mind, all this can be avoided if you force your tenants to pay automatically through a property management system like Cozy.

Sample Lease Clause

Before using this clause, you should check for compliance with your state laws, and have a local attorney look at it.

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What Late Fees Do You Charge?

What type of late fee structure works for you? Share it in the comments below.

photo credit: Antoine Millet via cc
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69 CommentsLeave a Comment

  • John

    “Generally speaking, a one-time late fee of 3-5 percent will be considered “reasonable” by most people.”

    If you charge a 5% late fee daily for the last 20 days of the month the rent doubles.
    If the renter pays the original months rent, then pays the next months rent, then the late fees thats 3 months rent due in one month. If the renter owes anything when the next late fee date rolls around then they will likely have the rent double on them again, which scumbags like you count on. What you call late fees some courts call usury and compounding interest daily at an illegal rate of (5%x20x12) 1200% annual interest. I fail to see the where this is reasonable or even legal.

    • Juan Arellano

      that’s not fair nor legal, you should give good advice not this how to get over on people. you are shure to fail with this type of attitude help others and be a nice person.

  • Elena Flores

    We live in Texas and we are being charged 60.00 a day after the 5th day. We were late 1 month and we paid 2450.to catch up but only took 1800 as rent and applied the rest as late fees therefore having us to have to pay this month plus late fee accruing. We will never catch up. What are Texas law? Pls help me.

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