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BlogArrowLandlording & Rental PropertiesArrowThe Top 6 Reasons Why Landlords Should Charge Late Rent Fees
Landlording & Rental Properties Dec 26, 2020

The Top 6 Reasons Why Landlords Should Charge Late Rent Fees

Remen Okoruwa
Expertise: Landlording & Rental Properties
26 Articles Written
Small group of envelopes marked "PAST DUE" and "FORECLOSED". Suggesting tough economic times US.

Many landlords have a tough job charging late fees. You probably want to show some understanding if someone is having a tough time. It’s also challenging to slap on extra fees for late rent if you have a good relationship with your tenants. And no landlord wants the reputation of being someone only interested in making a quick profit.

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The problem with charging late rent fees is that tenants see you as a person, not a company. A late payment fee from the utility company—they blame the company. But getting a late fee from their landlord—they blame you, the person. So, you might be one of the nice landlords who let late payments side so as not to be the bad guy.

If you doubt whether you should be charging late rent fees, here are several excellent reasons you certainly should.

1. You need to take care of your finances

The hard truth is that a tenant’s rent is your income. In fact, it may be your only source of income. Many landlords rely on receiving payments by a specific date because they have bills to pay. Not being able to pay your bills on time means you risk paying additional costs in late fees. Aside from the cost, you might find that paying bills late negatively impacts your credit rating.

2. Late rent fees motivate tenants to pay on time

Nobody likes to pay out for things unnecessarily. Late rent fees are literally money down the drain from the tenant’s perspective. Tenants are more inclined to pay rent on time for fear of wasting that money.

Related: The Eviction Process in 7 Steps (Plus, How to Save $3,500 and a Ton of Time)

3. It saves embarrassment

It is often awkward trying to track down your tenants and ask them for rent. It’s just as uncomfortable for them trying to avoid you. If tenants are aware of late rent fees, it will help maintain a healthier relationship between landlords and tenants.

4. Late fees prevent bad habits

If you choose not to charge late rent fees, the tenant has essentially gotten away with it. Even if it’s just a day or two after the grace period, there are no consequences for their actions. The following month it could be three or four days, and then a week. Letting it slide the first time puts you on a slippery slope where you’ll find it hard to prevent late payments in the future.

5. Late fees help tenants

Suppose a tenant lives from one paycheck to the next. If they fall behind on rent and other obligations, it becomes more challenging to catch up. They incur more late payments and may struggle to find the cash to make ends meet. Making tenants aware of late fees encourages them to pay closer attention to their budgets.

Related: What’s the Best Way to Communicate With Tenants—Text, Email, or Phone?

6. Tenants talk

Imagine this scenario. You have multiple units or a block of apartments. One tenant pays their rent late, and there are no late fees. When talking to another tenant, they say something like, “Don’t worry, I didn’t have to pay any late fees.” So, the next tenant pays late. Before you know it, you are out of thousands of dollars.

How Much Should You Charge for Late Rent Fees?

When it comes to charging late fees, it's vital to set these out in the lease agreement. Otherwise, you can't charge fees for late rent.

The law states that you can only charge up to 5% of the rent as a late fee. According to statistics, the average rent in the U.S. is $1,463. So, the maximum you could charge for a late fee would be $73. Of course, you could set a lower rate if you wanted to.

You can choose to set a flat fee or a daily late fee.

Related: Landlords: Always (Always, Always) Require Renters Insurance—Here’s Why

With the flat fee, the fee gets charged automatically to the tenant if they fail to pay rent after the grace period.

Many landlords choose to set a daily fee as motivation for the tenant to pay rent faster. For example, you might choose $5 per day up to the maximum limit. So, a tenant who is five days late will have to pay an additional $25. As the amount continues to increase, tenants are keener to pay the outstanding rent.

However you choose to set your late rent payments, you must check with local and state laws.

Should You Allow for a Grace Period?

A grace period is a short amount of time to allow for late rent payments. You should check with local laws about any grace period. Some states require that landlords give tenants a five-day grace period. Other states leave it up to the landlord. However, the grace period should be in line with the law and included in the lease contract.

If the rent is due on the first of the month, a five-day grace period means that late fees would begin on the 6th of the month. There are several good reasons to set a grace period:

  • Your money could be on the way, and not all transactions clear on the same day.
  • Not everyone gets paid by the first day of the month.
  • There may be a delay in the tenant receiving their income, which was out of their control.
  • A tenant who has paid on time for years and genuinely forgets once may not appreciate a late fee after just one day.
  • It shows your tenants that you understand different circumstances without them being able to take advantage of you.

Again, make sure the grace period is stipulated in the leasing contract.

How Can You Help Tenants Avoid Late Rent Fees?

Rent collection apps offer tremendous benefits to landlords. You can streamline communication with tenants, automate processes, and keep a digital record of your accounts. Many of the rent collection apps also automatically calculate late fees.

From the tenant’s point of view, using a rent collection app can help stay on top of rent payments. Automatic reminders and recurring payments mean they reduce the risk of being late with rent.

From the landlord’s viewpoint, using a rent collection app can help maintain a good landlord-tenant relationship. For example, the app automatically charges late rent fees without the landlord confronting the tenant.

Charging Late Rent Fees: The Bottom Line

Of course, late rent fees aren’t a source of income. So always make sure the amount is reasonable and reflects the property type. The combination of rent collection apps and a grace period gives your tenants the ability to avoid late fees while ensuring that you get paid on time.

Questions? Comments?

Join the discussion below.

By Remen Okoruwa
Remen Okoruwa is the co-founder of RentDrop, a free software tool that helps landlords and property managers collect rent and maintain their units. Remen has a background in the software industry and business strategy, working as product manager at HubSpot and previously serving as a management consultant with McKinsey & Company.
Read more
18 Replies
    Andrew Syrios Residential Real Estate Investor from Kansas City, MO
    Replied 30 days ago
    #2 is the big one. If you don't charge late fees, tenants will pay later and later and later and maybe not at all

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    Alvin Sylvain from Los Angeles
    Replied 29 days ago
    Quote: "The law states that you can only charge up to 5% of the rent as a late fee." I'm curious to know what law in what jurisdiction. I know that the state of California has no such law, stating only that late fees should be "reasonable".
    PJ Booth Investor from Maryland, DC
    Replied 26 days ago
    Maryland has this law.

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    Jacob Anderson Insurance Agent from Chattanooga TN
    Replied 27 days ago
    Tennessee is actually 10%.

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    Mark Boettcher Investor from West Bend, Wisconsin
    Replied 27 days ago
    Wisconsin doesn't have a law about that either. I just checked.

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    Spencer Abeyta Rental Property Investor from Colorado Springs, CO
    Replied 29 days ago
    I agree with you that charging late fees is important both for the owner and the tenant. However, during these COVID 19 time I would be careful to check rules in your City/State for more direction. I know in Colorado Springs, and it might be Colorado in general, property managers and landlords are not allowed to charge tenants late fees currently. This may change in the upcoming year but this has been the rule for most of 2020 since the first lockdowns started to take effect.

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    Cody L. Rental Property Investor from San Diego, Ca
    Replied 27 days ago
    ABSOUTLY charge late fees. You can always work with tenants to remove them. But it's better to charge them $100 in late fees and give them a $60 "gift", which they'll then be thankful for, and get $40, then to make it seem like there is no repercussions at all for charging late fees. We charge late fees that we have no intention of collecting.

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    Jacob Anderson Insurance Agent from Chattanooga TN
    Replied 27 days ago
    always charge late fees, and no exceptions at all. its designed to get them to pay, and heck they have 5 days before its considered late.

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    Brendan Winans Real Estate Broker from Bakersfield, CA
    Replied 27 days ago
    Rent is due on the 1st, late if not received by end of business on the 6th. After that there's a late fee. I'd be lying if I said I've never waived it. There are certain circumstances where I would do this. If it's a long term tenant that I've built a relationship with, and they've never been late before, I might waive it (certain situations might prove to be good humanitarian opportunities). Outside of a handful of scenarios, I'm usually pretty firm on the late fee. As a result, I rarely have late payments.

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    Erik Stenbakken Investor from Nortnern Colorado
    Replied 27 days ago
    Whatever you do, do it CONSISTENTLY. You do not want to give a pass to one unit and hit another unit with a late fee. Can you imagine, "I got a late fee because I'm [fill in the blank*] and that other unit didn't!" *white, black, brown, gay, straight, female, male, etc. Treat everyone the same, every time. It's fair to renters and covers your ass*ets.

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    Alex Staunton Rental Property Investor from Hoboken, NJ
    Replied 27 days ago
    That's one thing I love about Cozy, you can set it up to automatically charge the late fees so don't even have to think about it and it's managed for you
    PJ Booth Investor from Maryland, DC
    Replied 26 days ago
    Yup! And Cozy sends the tenant reminders and late warnings. I really like it!

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    Michael P. Lindekugel Real Estate Broker from Seattle, WA
    Replied 27 days ago
    any other time absolutely charge late fees. when i hold my tenants accountable almost all them step up. I wouldn't do it in this environment knowing a tenant has employment and income issues no fault of their own. that can exacerbate the the wealth and income inequality gap that has been increasing since the 1960s. the property owner and promissory note owner both as investors should bear the losses. tenants didn't sign up for this. owners and bank did sign up for unknown risk.

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    Alan DeRossett Investor from Thousand Oaks, CA
    Replied 26 days ago
    Our Late fees charges are out of my control When I set up tenants it's all automated by our Tenant software app and the Bank If they don't have a bank they can always sign up with Venmo to pay us or one of many payments apps. But all must pay online. I don't care if they use Coinstar. Bitcoin or Etherium from a gas station.

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    Todd Hays Investor from Hamden, Connecticut
    Replied 26 days ago
    When you have a signed legal binding lease agreement and that lease has a late charge and you don't enforce it then technically the landlord is violating his or her own terms of that lease and a smart Tenant can go after you and void that lease. Please remember that, it may sound stupid but it's a real possibility.
    Princesa Hansen
    Replied about 6 hours ago
    You're absolutely right Todd! This was a point I was going to raise. If you have language in your lease, you must enforce it. Otherwise, it calls into question the legality of the entire document.

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    Michael P. Lindekugel Real Estate Broker from Seattle, WA
    Replied 25 days ago
    that would not be true when federal law or state law from the pandemic prohibits late fees.

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    Punyezwa Mirriam Madela
    Replied 21 days ago
    Thank you. I learn a lot to you. Iam interested to do the business. But I didn't know how to do it. By now my eyes are open.

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