Legal Templates

Late Rent Notice Template

Late rent can disrupt your cash flow and create legal headaches. A late rent notice helps you remind tenants of overdue rent and reinforce lease terms before eviction becomes necessary. It also keeps you compliant with state laws and protects your rights as a landlord. Use our late rent notice template to handle late payments and avoid legal complications.

Updated March 19, 2025
Written by Imelda Wei Ding Lo, J.D. | Reviewed by Harvey Barbee, J.D.

Table of Contents

Find Your State’s Late Rent Notice

A past-due rent notice differs from state to state, so it’s essential to use the right form. Select your state below to create a notice that meets local requirements.

What Is a Late Rent Notice?

A late rent notice is a letter from a landlord to a tenant stating that rent is overdue. Also called a past-due rent notice, it serves as a formal reminder and creates a written record in case the issue continues.

This notice is not an eviction notice, but it’s an important first step. It encourages tenants to pay before penalties apply and helps landlords follow state laws. In some states, landlords must send a late rent notice before issuing a notice to pay or quit, which demands payment or begins the eviction process.

Depending on state laws, landlords may need to wait for a grace period before sending a late rent notice. While some states allow late fees, there may be limits, and tenants might have the right to withhold rent if the landlord hasn’t met their obligations.

Note: A late rent notice only applies to overdue rent. If you need to collect unpaid utilities or other expenses, use a demand for payment letter instead.

When to Send a Late Rent Notice

A late rent notice should be sent as soon as rent is overdue and any grace period has ended. Many states require landlords to wait a set number of days before applying late fees or taking legal action. If your lease agreement includes a grace period, you must wait until it expires before sending the notice.

For example, if rent is due on the first of the month and the lease allows a three-day grace period, the notice should be sent on the fourth. If there’s no grace period, you can send it immediately after the due date.

How Long Does a Tenant Have to Pay Before Eviction?

Once the grace period passes, you can send a notice to pay or quit. This notice will give the tenant a certain amount of time to pay or leave the property before eviction can start. The standard timeframe is between three and 30 days, but some states allow for immediate eviction. Some states also have multiple periods, which apply depending on when you send the notice.

How Much Can I Charge in Late Fees?

If a tenant pays rent late, you may be able to charge a late fee. This late fee can deter them from paying late in the future.

Some states regulate the maximum amount landlords can charge to keep things fair for tenants. Even in states without caps, it’s still important to keep fees reasonable to promote tenant retention and avoid legal disputes.

Always outline the late fees in the lease so each party knows what to expect in case of late payment.

How Do I Deliver a Notice to Pay or Quit?

Using state-specific guidelines for delivering notices to pay or quit ensures legal compliance as a landlord. Some states require personal delivery to the tenant. If the tenant isn’t available, you may have other methods to try, like posting to the property or mailing to the tenant’s residence. Learn your state’s requirements so your notice to pay or quit is enforceable.

State Name When Can a Late Rent Notice Be Sent? (Grace Period Included) Tenant Deadline to Pay Before Eviction (Days & Statute) Maximum Late Fees (Amount & Statute) Required Delivery (Methods & Statute)
Alabama Immediately after rent is due (no required grace period) 7 days (Ala. Code § 35-9A-421) No limit on late fees 1. Delivery to anyone who is at least 19 and lives on the property; or
2. Posting the notice on the door, mailing it, and issuing a return receipt. (Ala. Code § 35-9A-461)
Alaska Immediately after rent is due (no required grace period) 7 days (Alaska Stat. § 34.03.220(b)) No limit on late fees 1. Registered or certified mail; or
2. Hand delivery to the tenant; or
3. Posted on the premises if the tenant is gone. (Alaska Stat. § 09.45.100)
Arizona Immediately after rent is due (no required grace period) 5 days (Ariz. Rev. Stat. § 33-1368(B)) Must be reasonable (Ariz. Rev. Stat. § 33-1368) You cannot leave the notice on the property. You can either:
1. Mail it; or
2. Personally deliver it. (Ariz. Rev. Stat. § 33-1313)
Arkansas After 5-day grace period (AR Code Ann. § 18-17-701(b)) 5 days (Ark. Code § 18-17-701(b)) No limit on late fees 1. Hand deliver to the tenant; or
2. Mail via registered or certified mail with a return receipt; or
3. Show proof of mailing. (Ark. Code § 18-17-303)
California Immediately after rent is due (no required grace period) 3 days (Cal. Code Civ. Proc. § 1161(2)) Must be reasonable (Cal. Civ. Code § 1671) 1. Deliver a copy to the tenant; or
2. Leave a copy with someone at least 18 and mail a copy to the tenant; or
3. Affix the notice on the property and mail a copy. (Cal. Code Civ. Proc. § 1162)
Colorado Immediately after rent is due (no required grace period) 10 days (or 5 days for an exempt residential lease) (Colo. Rev. Stat. § 13-40-104(d)) No limit on late fees 1. Leave a copy with the tenant; or
2. Post the notice in a visible place on the property.
Connecticut 9 days (Conn. Gen. Stat. § 47a-15a) 3 days (Conn. Gen. Stat. § 47a-23(d)) The greater of $50 or 5% of the overdue rent (Colo. Rev. Stat. § 38-12-105) Must send a copy of the notice to each person on the lease at their residence. (Conn. Gen. Stat. § 47a-23(c))
Delaware 5 days (Del. Code tit. 25 § 5501(d)) 5 days (Del. Code tit. 25 § 5502(a)) 5% of the rent (Del. Code tit. 25 § 5501(d)) 1. In-person delivery to the tenant or a resident who's at least 18; or
2. Registered mail, certified mail, or first class mail; or
3. Delivery by a court-appointed process server(Del. Code tit. 25 § 5113(a-c))
District of Columbia 5 days (DC Code § 42-3505.31(b)(2)) 30 days (DC Code § 42-3505.01(a-1)(1)) 5% of the rent (DC Code § 42–3505.31(a))
Florida Immediately after rent is due (no required grace period) 3 days (Fla. Stat. § 83.56(3)) The greater of $20 or 20% of the monthly rent (Fla. Stat. § 83.808) 1. Deliver to the tenant directly; or
2. Send via certified mail; or
3. Leave a copy at the property. (Fla. Stat. § 83.56(4))
Georgia Immediately after rent is due (no required grace period) 3 days (Ga. Code § 44-7-50(c)) No limit on late fees 1. Post in a sealed envelope conspicuously on the door of the property; or
2. Deliver via any additional method or methods agreed upon in the rental agreement. (Ga. Code § 44-7-50(d))
Hawaii Immediately after rent is due (no required grace period) 5 days (Haw. Rev. Stat. § 521-68(a)) 8% of the rent due (Haw. Rev. Stat. § 521-21) 1. Serve to the tenant in person; or
2. Post it in a visible place on the premises. (Haw. Rev. Stat. § 521-68(a))
Idaho Immediately after rent is due (no required grace period) 3 days (Idaho Code § 6-303) No limit on late fees Must serve the notice to the tenant and all subtenants. Must complete an affidavit of service. (Idaho Code § 6-303(2))
Illinois 5 days (770 ILCS 95/7.10(a)) 5 days (735 ILCS 5/9-209) No limit on late fees 1. Deliver to the tenant or a resident older than 13; or
2. Send via certified or registered mail with a return receipt; or
3. Post on the property. (735 ILCS 5/9-211)
Indiana Immediately after rent is due (no required grace period) 10 days (Ind. Code § 32-31-1-6) No limit on late fees 1. Deliver to the tenant personally; or
2. Deliver to another resident and give an explanation of the notice's contents; or
3. Affix the notice in a visible place on the property. (Ind. Code § 32-31-1-9)
Iowa Immediately after rent is due (no required grace period) 3 days (Iowa Code § 562A.27(2)) $12/day (no more than $60/month) for rent $700/month or less; $20/day (no more than $100/month) for rent more than $700/month (Iowa Code § 562A.9) 1. Deliver to the tenant personally; or
2. Deliver to a resident who's at least 18; or
3. Post on the property's primary door and mail via regular and certified mail. (Iowa Code § 562A.29A(1))
Kansas Immediately after rent is due (no required grace period) 3 days (5 days if delivered by mail) (Kan. Stat. § 58-2564(b)) No limit on late fees 1. Hand deliver to the tenant; or
2. Hand deliver to someone over 12; or
3. Post in a visible place on the property. (Kan. Stat. § 58-2564(b))
Kentucky Immediately after rent is due (no required grace period) 7 days (Ky. Rev. Stat. § 383.660(2)) No limit on late fees 1. Hand deliver to the tenant; or
2. Mail via registered or certified mail; or
3. Mail to the tenant's last known address. (Ky. Rev. Stat. § 383.560(3))
Louisiana Immediately after rent is due (no required grace period) 5 days (La. Code Civ. Proc. art. 4701) No limit on late fees 1. Deliver to the tenant personally; or
2. Attach to a door on the property. (La. Code Civ. Proc. art. 4702)
Maine 15 days (Me. Stat. tit. 14 § 6028) 7 days (Me. Stat. tit. 14 § 6002) 4% of the rent due (Me. Stat. tit. 14 § 6028) Must try at least three times to personally hand the notice to the tenant. If your attempts don't work, you can mail the notice via first-class mail and post it at the tenant's residence. (Me. Stat. tit. 14 § 6002)
Maryland Immediately after rent is due (no required grace period) 5 days (Md. Code, Real. Prop. § 8-401) 5% of the rent due (Md. Code, Real. Prop. § 8-208(d)(3)(i)) 1. Send through first-class mail; or
2. Affix to a door on the property; or
3. Send digitally with proof of transmission. (Md. Code, Real. Prop. § 8-401(c))
Massachusetts 30 days (Mass. Gen. Laws ch. 186 § 15B) 14 days (Mass. Gen. Laws ch. 186 § 12) No limit on late fees Landlord must acquire proof that the notice was delivered; notice must contain certain language, outlined in Mass. Gen. Laws ch. 186 § 31.
Michigan Immediately after rent is due (no required grace period) 7 days (Mich. Comp. Laws § 554.134(2)) No limit on late fees Must deliver via certified mail; can deliver via digital methods if the tenant agreed to it. (Mich. Comp. Laws § 554.1053)
Minnesota Immediately after rent is due (no required grace period) 14 days (Minn. Stat. § 504B.321) 8% of the overdue rent (Minn. Stat. § 504B.177(a)) Must hand deliver to the tenant or send via first-class mail; must contain language outlined in Minn. Stat. § 504B.321.
Mississippi Immediately after rent is due (no required grace period) 3 days (Miss. Code § 89-7-27) No limit on late fees Must hand deliver to the tenant; can deliver via digitals channels if both parties agree. (Miss. Code § 89-8-13(5))
Missouri Immediately after rent is due (no required grace period) Immediate (Mo. Rev. Stat. § 535.010) No limit on late fees Must hand deliver to a tenant or resident over 15; if no one is present, you can post the notice on the door. (Mo. Rev. Stat. § 534.050)
Montana Immediately after rent is due (no required grace period) 3 days (Mont. Code § 70-24-422(2)) No limit on late fees 1. Hand deliver to the tenant; or
2. Hand deliver to a resident over 15; or
3. Post on the property. (Mo. Rev. Stat. § 534.050)
Nebraska Immediately after rent is due (no required grace period) 7 days (Neb. Rev. Stat. § 76-1431(2)) No limit on late fees No statute.
Nevada Immediately after rent is due (no required grace period) 7 days (Nev. Rev. Stat. § 40.2512(b)) Must be written in the lease (Nev. Rev. Stat. § 118A.200) 1. Deliver to the tenant personally; or
2. Post in a visible place on the property and mail via overnight mail. (Nev. Rev. Stat. § 40.253)
New Hampshire Immediately after rent is due (no required grace period) 7 days (NH Rev. Stat. § 540:3) No limit on late fees 1. Give to the tenant personally; or
2. Leave it in an obvious place on the property. (NH Rev. Stat. § 540:5)
New Jersey 5 days (NJ Stat. § 2A:42-6.1) Immediate (NJ Stat. § 2A:18-61.2) No limit on late fees 1. Deliver to the tenant personally; or
2. Deliver to a tenant's family member who's at least 14 or
3. Send via certified mail. (NJ Stat. § 2A:18-61.2(h))
New Mexico Immediately after rent is due (no required grace period) 3 days (NM Stat. § 47-8-33(D)) 10% of the overdue rent (NM Stat. § 47-8-15(D)) 1. Deliver to the tenant personally; or
2. Send via first-class mail; or
3. Post on the unit's exterior door. (NM Stat. § 47-8-13(D))
New York Immediately after rent is due (no required grace period) 14 days (NY Real Prop. Acts. Law § 711(2)) The lesser of $50 or 5% of the rent due (NY Real Property Law § 238-a) 1. Deliver to the tenant personally; or
2. Deliver to a resident of suitable age and discretion; or
3. Post a copy in a visible place or slide it under the door.

If using options 2 or 3, you must also mail the notice to the tenant via certified mail and first-class mail. (NY Real Prop. Acts. Law § 735)
North Carolina NC Gen. Stat. § 42-46(a) 10 days (NC Gen. Stat. § 42-3) The greater of $15 or 5% of monthly rent (NC Gen. Stat. § 42-46) No statute.
North Dakota Immediately after rent is due (no required grace period) 3 days (ND Cent. Code § 47-32-01(4)) No limit on late fees 1. Deliver to the tenant personally; or
2. Send via certified mail; or
3. Have a sheriff post the notice on the premises. (ND Cent. Code § 47-32-02)
Ohio Immediately after rent is due (no required grace period) 3 days (Ohio Rev. Code § 1923.02) No limit on late fees 1. Hand deliver to the tenant; or
2. Send via certified mail; or
3. Leave the notice at the tenant's place a residence. (Ohio Rev. Code § 1923.04)
Oklahoma Immediately after rent is due (no required grace period) 5 days (Okla. Stat. tit. 41 § 131) No limit on late fees 1. Post on the tenant's door and send via certified mail; or
2. Deliver to a tenant or a family member over 12 personally. (Okla. Stat. tit. 41 § 111)
Oregon 5 days (ORS § 90.394(1)) 10 days (notice must be given no sooner than on the 8th day of the rental period); or 13 days (notice must be given no sooner than on the 5th day of the rental period) (ORS § 90.394(2)) 5% of the montlhy rent (ORS § 90.260(2)(c)) 1. Deliver to the tenant personally; or
2. Send via first-class mail; or
3. Post on the door and send via mail; or
4. Email the notice.
Options 3 and 4 must be permitted by the lease. (ORS § 90.155)
Pennsylvania Immediately after rent is due (no required grace period) 10 days (68 Pa. Stat. § 250.501) No limit on late fees 1. Deliver to the tenant personally; or
2. Leave the notice at the property's main building; or
3. Post the notice at the leased property. (68 Pa. Stat. § 250.501)
Rhode Island 15 days (RI Gen. Laws § 34-18-35(a)) 5 days (RI Gen. Laws § 34-18-35(b)) No limit on late fees 1. Hand deliver to the tenant; or
2. Send via first-class mail. (RI Gen. Laws § 34-18-14)
South Carolina Immediately after rent is due (no required grace period) 5 days (S.C. Code § 27-37-10(B)) No limit on late fees 1. Deliver to the tenant; or
2. Send via registered or certified mail; or
3. Include the notice in obvious language in the lease. (SC Code § 27-40-240 and SC Code § 27-37-10)
South Dakota 3 days (SD Codified Laws § 21-16-1(4)) Immediate No limit on late fees 1. Deliver to the tenant personally; or
2. Post on the property and send via first class mail. (SD Codified Laws § 21-16-6)
Tennessee 5 days (Tenn. Code § 66-28-201(d)) 14 days (Tenn. Code § 66-28-505) 10% of the overdue rent (Tenn. Code § 66-28-201(d)) 1. Deliver to the tenant by hand; or
2. Send via mail; or
3. Email the notice. (Tenn. Code § 66-28-106 and Tenn. Code § 66-28-108
Texas 2 days (Tex. Prop. Code § 92.019(a)(3)) 3 days (Tex. Prop. Code § 24.005) Must be reasonable (Tex. Prop. Code § 92.019) 1. Deliver to the tenant or a resident who's at least 16; or
2. Post the notice on the inside of the main door; or
3. Send via regular mail, certified mail, or registered mail. (Tex. Prop. Code § 24.005(f))
Utah Immediately after rent is due (no required grace period) 3 days (Utah Code § 78B-6-802) The greater of $75 or 10% of the rent (Utah Code § 57-22-4(5)(a)) 1. Deliver to the tenant or a resident of a suitable age; or
2. Send via certified or registered mail; or
3. Leave it in a visible place at the residence. (Utah Code § 78B-6-805)
Vermont Immediately after rent is due (no required grace period) 14 days (Vt. Stat. tit. 9 § 4467) No limit on late fees 1. Deliver to the tenant by hand; or
2. Send via mail to their last known address. (Vt. Stat. tit. 9 § 4451(1))
Virginia 5 days (only if there's no written agreement) (Va. Code § 55.1-1204(C)(4)) 5 days (Va. Code § 55.1-1245(F)) The lesser of 10% of the periodic rent or 10% of the remaining balance due (Va. Code § 55.1-1204(E)) 1. Deliver to the tenant personally; or
2. Send via first-class mail; or
3. Leave a copy at the tenant's door; or
4. Email the notice (if both parties agree). (Va. Code § 8.01-296 and Va. Code § 55.1-1202(A))
Washington Immediately after rent is due (no required grace period) 14 days (Wash. Rev. Code § 59.18.05) No limit on late fees 1. Deliver to the tenant personally; or
2. Leave a copy with someone at the residence and send via mail; or
3. Post a copy at the residence and send via mail. (Wash. Rev. Code § 59.12.040
West Virginia Immediately after rent is due (no required grace period) Immediate (W. Va. Code § 55-3A-1) No limit on late fees 1. Deliver to the tenant or a family member over 16; or
2. Get the court clerk to mail it via certified or first class mail. (West Virginia Rules of Civil Procedure)
Wisconsin Immediately after rent is due (no required grace period) 14 days (Wis. Stat. § 704.17) No limit on late fees 1. Deliver to the tenant personally; or
2. Send via registered or certified mail; or
3. Leave a copy with a suitable person and send via mail; or
4. Leave a copy at the property and send via mail. (Wis. Stat. § 704.21(1))
Wyoming Immediately after rent is due (no required grace period) 3 days (Wyo. Stat. § 1-21-1003) No limit on late fees 1. Deliver to the tenant personally; or
2. Leave a copy at the property. (Wyo. Stat. § 1-21-1003)

What to Include in a Late Rent Notice

A well-formatted late rent notice should clearly state the issue of overdue rent and the expectations you have for the tenant to resolve it. At a minimum, every late rent notice should include the following elements.

1. Tenant’s Name & Address

State the tenant’s full name as it appears on the lease. Include the complete rental property address (unit number, street, city, and ZIP code).

2. Clear Statement of Non-Payment

Use professional and direct language, such as “This notice informs you that your rent payment due on [date] has not been received.” When you use Legal Templates’s form, we write everything out for you to convey the purpose of your message.

3. Amount of Rent Due

Clearly state the total amount overdue, indicating the month for which the rent is overdue. When you use our document editor, you can also specify unpaid balances from previous months and provide a breakdown for the tenant, allowing them to easily see what they owe.

4. Late Fees

If the lease agreement specifies late fees and state law allows for them, list the exact fee amount. Clarify that the late fee is due on top of the overdue rent amount.

5. Deadline for Payment

Specify the final deadline for paying the overdue rent. For example, “Payment must be received by [specific date] to avoid further consequences.” State that the next step might be eviction proceedings, which our template spells out for the tenant. Also, provide a payment method that the tenant can use so they know how to rectify the issue.

6. Notice Date

Specify the date you’re sending the notice, as this detail can help you keep a clear record of your tenant communication. Without a timeline, it can be difficult to know when you’re allowed to initiate eviction proceedings.

When sending a late rent notice, you must follow state-specific rules to ensure compliance:

  • Timelines: Some states require landlords to wait a set period before sending notices or charging late fees.
  • Required Wording: Certain states mandate specific language, such as informing tenants of their right to dispute the notice.
  • Delivery Methods: Many states require notices to be sent via certified mail or another legally recognized method.
  • Late Fees: Some states cap late fees based on a percentage of rent or a fixed amount.

If the tenant still doesn’t pay after receiving the late rent notice, you may need to escalate by sending a Notice to Pay or Quit.

Next Steps After Issuing the Notice

After sending a late rent notice, follow up to confirm the tenant received it. Some tenants may not realize they’re behind on rent due to miscommunication, so providing a written notice of the current rent balance can prompt immediate payment.

If they respond, discuss possible solutions. A payment plan could help them catch up, or a rent forgiveness amendment might offer temporary relief. If they can’t stay, a cash-for-keys agreement could encourage them to leave voluntarily. In some cases, adjusting the lease to a month-to-month lease arrangement provides flexibility for both parties.

If the tenant ignores the notice or refuses to pay, review your state’s laws to determine the next step. Some states require a Notice to Pay or Quit before eviction proceedings. Keeping records of all communication protects your rights and ensures you follow the proper legal process.

When Is It Necessary to Start the Eviction Process?

A late rent notice is the first step in addressing overdue rent, but if the tenant still doesn’t pay, eviction may be necessary. The next step is sending a Notice to Pay or Quit, which gives the tenant a final deadline to pay or vacate. The timeframe for this notice depends on state laws—some require three days, while others allow longer.

If the tenant doesn’t comply, the landlord must file an eviction lawsuit (also called an unlawful detainer lawsuit) in local court. The tenant will receive a summons with a hearing date. If the landlord wins, the judge will issue a writ of possession, allowing law enforcement to remove the tenant.

Evictions can be expensive and time-consuming, with costs for court fees, legal help, and lost rent. Before filing, consider mediation, legal advice, or negotiation to avoid unnecessary delays.

Late Rent Notice Sample

View an example of a late rent notice to see how you can customize it according to your needs and state requirements. When you’re ready, use our late rent notice template to write a legally compliant letter you can send to your tenant.

Late-Rent-Notice-Template

If a tenant misses rent, Legal Templates’ late rent notice template helps you send a clear reminder. Simply enter your details into our document editor, and we’ll create a letter that follows state laws. If the tenant still doesn’t pay, you may need to take the next step, like sending an eviction notice. With the right tools, you can handle past-due rent efficiently while staying compliant with legal requirements.

Frequently Asked Questions

Can I email a late rent notice?

Yes, in most states, you can email a past-due rent notice to a tenant if your lease agreement doesn’t specify otherwise. Check your local laws and consider sending a physical copy to ensure delivery.

What is the highest amount a landlord can charge for late rent fees?

Most landlords can charge a “reasonable” late rent fee, which is usually 5% of the monthly rent. However, the exact amount depends on local and state laws.

How long can a tenant stay without paying rent?

The lease agreement and state regulations determine how long a tenant can stay without paying rent. Most states give the tenant 3 to 14 days to pay rent or move before you can file for eviction.

Should I charge late fees for overdue rent?

Whether you charge late fees for overdue rent depends on state laws and your discretion. If your state allows late fees up to a certain amount, you may choose not to charge them if it’s a tenant’s first time falling behind on rent.

Should I accept partial rent payments?

You can accept partial rent payments, but you should do so with caution because making a partial payment can restart a tenant’s eviction timeline. This may make it more difficult for you to go through with an eviction.

Related Documents

  • Rent Receipt: Use this form to prove the tenant paid the rent and that you received the payment.
  • Lease Amendment: A written document that details changes or modifications to the terms of a previously executed lease or rental agreement.
  • Month-To-Month Lease Addendum: Use a month-to-month lease addendum for flexible, adaptable tenancy terms. Learn the benefits and drawbacks and download a free template.
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late rent notice template

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