Late Rent Fee Limits for DC Renters: What Landlords Can Charge

Understanding your rights when it comes to late rent fees in the District of Columbia is essential for renters. DC law sets clear limits and rules on what landlords can charge as a penalty if rent is paid late. This article will walk you through how much late rent fees can be, how they're applied, and what you can do if you think you've been charged unfairly.

How Late Rent Fees Work in the District of Columbia

Washington, DC law has specific protections for renters facing late rent payments. Landlords cannot charge just any amount or impose late fees right away. By law:

• Landlords may only charge a late fee if your lease or rental agreement includes a late fee clause.
• The maximum late fee is 5% of the amount of rent due per month. Landlords may not exceed this limit, regardless of your rental amount.
• Landlords may not charge a late fee until 5 days after the rent due date. There is a mandatory grace period.
• Late fees cannot be compounded or charged multiple times on the same late payment.

For more details, see the District of Columbia Code § 42–3505.31 governing late fees.

Example: Calculating Your Late Rent Fee

If your monthly rent is $1,200, the highest late fee your landlord can charge is $60 (5% of $1,200) if payment is made after the 5-day grace period.

What to Do if You’re Charged Unlawful Late Fees

If a landlord charges a late fee higher than 5%, imposes it before the grace period ends, or did not include a late fee clause in your rental agreement, you can take action:

• Check your lease: Confirm if a late fee clause exists and matches what DC law allows.
• Communicate in writing: Notify your landlord of the legal limits using resources from the DC Office of Tenant Advocate.
• File a complaint: If the issue isn't resolved, you may file a complaint with the DC Office of Tenant Advocate or the Rental Housing Commission.

Relevant Forms for Renters

• Tenant Petition (Form RAD-14)
  When to use: If you believe your landlord is charging a late rent fee in violation of DC law (e.g., above 5%, before grace period, or not permitted by lease), you may file this petition with the Rental Accommodations Division.
  How to use: Fill out the form, provide supporting documentation (your lease, payment records), and submit it to DC Department of Housing and Community Development.
  Download Form RAD-14 from DHCD

Petitions are reviewed by the Rental Housing Commission.

Which Tribunal Handles DC Rent Disputes?

If you want to file a complaint or petition related to late fees, the District of Columbia Rental Housing Commission is the official board that manages these disputes. Most rental issues, including late fee disputes, begin with the Office of Administrative Hearings or Rental Accommodations Division, then may be appealed to the Commission.

Frequently Asked Questions

1. What is the maximum late rent fee allowed by DC law?
   Landlords can charge up to 5% of your total monthly rent if payment is late. Higher fees are not permitted under DC Code.
2. Can my landlord charge me a late fee the day after rent is due?
   No. DC law gives renters a mandatory 5-day grace period before a landlord can assess any late fee.
3. What if my lease says the late fee is 10%?
   Even if your lease states a higher amount, only up to 5% is enforceable in DC. You can file a tenant petition if charged more.
4. How do I challenge an illegal late fee in DC?
   Document the charges and file a Tenant Petition (RAD-14) through the Rental Housing Commission. Include a copy of your lease and payment records.
5. Are late rent fees the same for subsidized or rent-controlled units?
   Yes. The 5% limit and 5-day grace period apply to all residential rental units in DC, including subsidized and rent-controlled housing.

Need Help? Resources for Renters

• DC Office of Tenant Advocate – Free advice, help with filing complaints, and tenant rights guidance
• Rental Housing Commission – Handles petitions about rent fees and disputes
• DC Rental Accommodations Forms – Official forms for petitioning or reporting an issue
• DC Code § 42–3505.31: Official Late Fee Law

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1. District of Columbia Code § 42–3505.31 – Limitations on the imposition of late fees
2. DC Office of Tenant Advocate – Late Fees Fact Sheet
3. DC Rental Housing Commission

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