Late fees / North Carolina

North Carolina late rent fee: the legal maximum

North Carolina caps late fees at the greater of $15.00 or 5% of the monthly rent. Rent must be at least 5 days late before any fee may be charged.

Cap
Greater of $15 or 5%
Set by statute
Grace period
5 days
No fee until rent is this late
Statute
$
Count from the day after rent was due.

North Carolina late fee law in full

Maximum late fee at common rents

Applying greater of $15 or 5% once the 5-day grace period has passed.

Monthly rentMaximum fee
$1,000.00$50.00
$1,500.00$75.00
$2,000.00$100.00
$3,000.00$150.00

What the statute says

N.C.G.S. § 42-46(a), (b)

For monthly rent: greater of $15 or 5% of monthly rent; for weekly rent: greater of $4 or 5% of weekly rent. Chargeable only if rent is 5 or more calendar days late (first day counted is the day after the due date), only once per late payment, and may not be deducted from a later rent payment so as to create a new default.

How this applies in practice

Related North Carolina rules

Frequently asked questions

What is the maximum late fee for rent in North Carolina?

Greater of $15 or 5%. For monthly rent: greater of $15 or 5% of monthly rent; for weekly rent: greater of $4 or 5% of weekly rent. Chargeable only if rent is 5 or more calendar days late (first day counted is the day after the due date), only once per late payment, and may not be deducted from a later rent payment so as to create a new default.

Is there a grace period for rent in North Carolina?

Yes. State law requires rent to be 5 days late before a late fee can be charged, regardless of what the lease says.

Can a North Carolina landlord charge a daily late fee?

Only if the total stays within the statutory cap (Greater of $15 or 5%). A daily fee that accumulates past the cap is unenforceable above it.

Can a landlord charge a late fee that is not in the lease in North Carolina?

No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in North Carolina the statutory cap applies on top of whatever the lease says.

Late fee rules in other states