Late Rent Notices – By State

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?

Late Rent Notice Options and Outcomes infographic showing when a late rent notice needs to be issued and what happens next based on the tenant’s response

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. Some states let landlords charge late fees, but there may be limits. Also, tenants might have the right to withhold rent if the landlord hasn’t fulfilled their duties.

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 to Write 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. Parties’ Details & Property Address

List yourself as the landlord and include your address. State the tenant’s full name as it appears on the lease, adding any additional tenants as needed. Include the complete rental property address (unit number, street, city, and ZIP code). This makes it clear what rent is in arrears.

2. Clear Statement of Non-Payment

Use professional and direct language, such as “This letter is to inform you that as of the date of this letter, we have not yet received your rent payment.” Clarify for what month the rent is overdue.

Certain states mandate specific language, such as informing tenants of their right to dispute the notice. Use Legal Templates’s form to get the wording right and convey the purpose of your message.

3. Amount of Rent Due

In addition to stating for what month the rent is past due, include the amount the tenant must pay. Emphasize that the payment is due immediately, and give accepted payment methods to assist the tenant in sending what they owe. If the tenant owes money from previous rental periods, you can list those amounts as well. State the consequences if they fail to pay, i.e., initiation of a formal legal eviction proceeding.

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.

How Much Can I Charge in Late Fees?

Some states cap late fees based on a percentage of rent or a fixed amount. Others mandate late fees to be “reasonable” but don’t give an exact maximum. Still, a few states don’t impose any limit. Review your state’s laws before implementing fees in your late rent notice to ensure compliance.

5. Notice Date & Signature

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. With all of these details, you can sign the late rent notice to validate its contents before delivery.

Sample Late Rent Notice

View a late rent notice sample to learn what it looks like. Then, use our guided form to write your own. Download it in PDF or Word format.

This is a document preview. Your customized version will be created after you answer a few quick questions.

Late-Rent-Notice-Template

How to Deliver a Late Rent Notice

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.

Before delivering your late rent notice, review your state’s requirements. These include what late fees you can charge, when you can send the notice, and how to deliver it. Plus, you can learn the period a tenant has to pay before eviction proceedings can start.

State Name	Maximum Late Fees (Amount & Statute)	When Can a Late Rent Notice Be Sent? (Grace Period Included)	Required Delivery (Methods & Statute)	Tenant Deadline to Pay Before Eviction (Days & Statute)
Alabama	No limit on late fees	Immediately after rent is due (no required grace period)	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)	7 days (Ala. Code § 35-9A-421)
Alaska	No limit on late fees	Immediately after rent is due (no required grace period)	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)	7 days (Alaska Public Courts)
Arizona	Must be reasonable (Ariz. Rev. Stat. § 33-1368)	Immediately after rent is due (no required grace period)	You cannot leave the notice on the property. You can either: 1. Mail it; or 2. Personally deliver it. (Ariz. Rev. Stat. § 33-1313)	5 days (Ariz. Rev. Stat. § 33-1368)
Arkansas	No limit on late fees	After 5-day grace period (AR Code Ann. § 18-17-701(b))	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)	5 days (AR Code Ann. § 18-17-701(b))
California	Must be reasonable (Cal. Civ. Code § 1671)	Immediately after rent is due (no required grace period)	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)	3 days (Cal. Code Civ. Proc. § 1161(2))
Colorado	No limit on late fees	Immediately after rent is due (no required grace period)	1. Leave a copy with the tenant; or 2. Post the notice in a visible place on the property. (CO Rev Stat § 13-40-108)	10 days (or 5 days for an exempt residential lease) (Colo. Rev. Stat. § 13-40-104(d))
Connecticut	The greater of $50 or 5% of the overdue rent (Conn. Gen. Stat. § 47a-15a)	9 days (Conn. Gen. Stat. § 47a-15a)	Must send a copy of the notice to each person on the lease at their residence. (Conn. Gen. Stat. § 47a-23(c))	3 days (Conn. Gen. Stat. § 47a-23(d))
Delaware	5% of the rent (Del. Code tit. 25 § 5501(d))	5 days (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))	5 days (Del. Code tit. 25 § 5502(a))
District of Columbia	5% of the rent (DC Code § 42-3505.31(a)(2))	5 days (DC Code § 42-3505.31(b)(2))	1. Posted to the tenant's door; or 2. Directly handed to the tenant; or 3. Directly handed to someone over 16 in the unit. (Legal Aid DC)	30 days (DC Code § 42-3505.31(a-1)(1))
Florida	The greater of $20 or 20% of the monthly rent (Fla. Stat. § 83.808)	Immediately after rent is due (no required grace period)	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))	3 days (Fla. Stat. § 83.56(3))
Georgia	No limit on late fees	Immediately after rent is due (no required grace period)	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))	3 days (Ga. Code § 44-7-50(c))
Hawaii	8% of the rent due (Haw. Rev. Stat. § 521-21)	Immediately after rent is due (no required grace period)	1. Serve to the tenant in person; or 2. Post it in a visible place on the premises. (Haw. Rev. Stat. § 521-68(a))	5 days (Haw. Rev. Stat. § 521-68(a))
Idaho	No limit on late fees	Immediately after rent is due (no required grace period)	Must serve the notice to the tenant and all subtenants. Must complete an affidavit of service. (Idaho Code § 6-303(2))	3 days (Idaho Code § 6-303)
Illinois	No limit on late fees	5 days (770 ILCS 95/7.10(a))	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)	5 days (735 ILCS 5/9-209)
Indiana	No limit on late fees	Immediately after rent is due (no required grace period)	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)	10 days (Ind. Code § 32-31-1-6)
Iowa	$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)	Immediately after rent is due (no required grace period)	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))	3 days (Iowa Code § 562A.27(2))
Kansas	No limit on late fees	Immediately after rent is due (no required grace period)	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))	3 days (5 days if delivered by mail) (Kan. Stat. § 58-2564(b))
Kentucky	No limit on late fees	Immediately after rent is due (no required grace period)	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))	7 days (Ky. Rev. Stat. § 383.660(2))
Louisiana	No limit on late fees	Immediately after rent is due (no required grace period)	1. Deliver to the tenant personally; or 2. Attach to a door on the property. (La. Code Civ. Proc. art. 4702)	5 days (La. Code Civ. Proc. art. 4701)
Maine	4% of the rent due (Me. Stat. tit. 14 § 6028)	15 days (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)	7 days (Me. Stat. tit. 14 § 6002)
Maryland	5% of the rent due (Md. Code, Real. Prop. § 8-208(d)(3)(i))	Immediately after rent is due (no required grace period)	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))	5 days (Md. Code, Real. Prop. § 8-401(c))
Massachusetts	No limit on late fees	30 days (Mass. Gen. Laws ch. 186 § 15B)	Landlord must acquire proof that the notice was delivered; notice must contain certain language, outlined in Mass. Gen. Laws ch. 186 § 31.	14 days (Mass. Gen. Laws ch. 186 § 12)
Michigan	No limit on late fees	Immediately after rent is due (no required grace period)	Must deliver via certified mail; can deliver via digital methods if the tenant agreed to it. (Mich. Comp. Laws § 554.1053)	7 days (Mich. Comp. Laws § 554.134(2))
Minnesota	8% of the overdue rent (Minn. Stat. § 504B.177(a))	Immediately after rent is due (no required grace period)	Must hand deliver to the tenant or send via first-class mail; must contain language outlined in Minn. Stat. § 504B.321.	14 days (Minn. Stat. § 504B.321)
Mississippi	No limit on late fees	Immediately after rent is due (no required grace period)	Must hand deliver to the tenant; can deliver via digitals channels if both parties agree. (Miss. Code § 89-8-13(5))	3 days (Miss. Code § 89-7-27)
Missouri	No limit on late fees	Immediately after rent is due (no required grace period)	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)	Immediate (Mo. Rev. Stat. § 535.010)
Montana	No limit on late fees	Immediately after rent is due (no required grace period)	1. Hand deliver to the tenant; or 2. Hand deliver to a resident over 15; or 3. Post on the property. (MT Code § 70-24-108)	3 days (Mont. Code § 70-24-422(2))
Nebraska	No limit on late fees	Immediately after rent is due (no required grace period)	No statute.	7 days (Neb. Rev. Stat. § 76-1431(2))
Nevada	Must be written in the lease (Nev. Rev. Stat. § 118A.200)	Immediately after rent is due (no required grace period)	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)	7 days (Nev. Rev. Stat. § 40.2512(b))
New Hampshire	No limit on late fees	Immediately after rent is due (no required grace period)	1. Give to the tenant personally; or 2. Leave it in an obvious place on the property. (NH Rev. Stat. § 540:5)	7 days (NH Rev Stat § 540:3)
New Jersey	No limit on late fees	5 days (NJ Stat. § 2A:42-6.1)	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))	Immediate (NJ Stat. § 2A:18-61.2)
New Mexico	10% of the overdue rent (NM Stat. § 47-8-15(D))	Immediately after rent is due (no required grace period)	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))	3 days (NM Stat § 47-8-33 (D))
New York	The lesser of $50 or 5% of the rent due (NY Real Property Law § 238-a)	Immediately after rent is due (no required grace period)	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)	14 days (NY Real Prop. Acts. Law § 711(2))
North Carolina	The greater of $15 or 5% of monthly rent (NC Gen. Stat. § 42-46(a))	5 days (NC Gen. Stat. § 42-46(a))	No statute.	10 days (NC Gen. Stat. § 42-3)
North Dakota	No limit on late fees	Immediately after rent is due (no required grace period)	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)	3 days (ND Cent. Code § 47-32-01(4))
Ohio	No limit on late fees	Immediately after rent is due (no required grace period)	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)	3 days (Ohio Rev. Code § 1923.02)
Oklahoma	No limit on late fees	Immediately after rent is due (no required grace period)	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)	5 days (Okla. Stat. tit. 41 § 131)
Oregon	5% of the montlhy rent (ORS § 90.260(2)(c))	5 days (ORS § 90.394(1))	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)	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))
Pennsylvania	No limit on late fees	Immediately after rent is due (no required grace period)	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)	10 days (68 Pa. Stat. § 250.501)
Rhode Island	No limit on late fees	15 days (RI Gen. Laws § 34-18-35(a))	1. Hand deliver to the tenant; or 2. Send via first-class mail. (RI Gen. Laws § 34-18-14)	5 days (RI Gen. Laws § 34-18-35(b))
South Carolina	No limit on late fees	Immediately after rent is due (no required grace period)	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)	5 days (S.C. Code § 27-37-10(B))
South Dakota	No limit on late fees	3 days (SD Codified Laws § 21-16-1(4))	1. Deliver to the tenant personally; or 2. Post on the property and send via first class mail. (SD Codified Laws § 21-16-6)	Immediate
Tennessee	10% of the overdue rent (Tenn. Code § 66-28-201(d))	5 days (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)	14 days (Tenn. Code § 66-28-505)
Texas	Must be reasonable (Tex. Prop. Code § 92.019)	2 days (Tex. Prop. Code § 92.019(a)(3))	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))	3 days (Tex. Prop. Code § 24.005)
Utah	The greater of $75 or 10% of the rent (Utah Code § 57-22-4(5)(a))	Immediately after rent is due (no required grace period)	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)	3 days (Utah Code § 78B-6-802)
Vermont	No limit on late fees	Immediately after rent is due (no required grace period)	1. Deliver to the tenant by hand; or 2. Send via mail to their last known address. (Vt. Stat. tit. 9 § 4451(1))	14 days (Vt. Stat. tit. 9 § 4467)
Virginia	The lesser of 10% of the periodic rent or 10% of the remaining balance due (Va. Code § 55.1-1204(E))	5 days (only if there's no written agreement) (Va. Code § 55.1-1204(C)(4))	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)))	5 days (Va. Code § 55.1-1245(F))
Washington	No limit on late fees	Immediately after rent is due (no required grace period)	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)	14 days (SB 5600)
West Virginia	No limit on late fees	Immediately after rent is due (no required grace period)	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)	Immediate (W. Va. Code § 55-3A-1)
Wisconsin	No limit on late fees	Immediately after rent is due (no required grace period)	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))	14 days (Wis. Stat. § 704.17)
Wyoming	No limit on late fees	Immediately after rent is due (no required grace period)	1. Deliver to the tenant personally; or 2. Leave a copy at the property. (Wyo. Stat. § 1-21-1003)	3 days (Wyo. Stat. § 1-21-1003)

Next Steps After Issuing a Late Rent 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 but can’t pay, discuss possible solutions:

Let them catch up: Write a payment plan to let them pay over time.
Offer temporary relief: Use a rent forgiveness amendment to absolve the tenant of an overdue payment.
Pay them to leave: Write a cash-for-keys agreement to encourage them to leave voluntarily, but make sure that you do not violate any housing laws in the process.
Transition to a new lease: Going from a fixed-period lease to a month-to-month lease 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.

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

How Long Does a Tenant Have to Pay Before Eviction?

Once you send a late rent notice, the tenant may have a certain amount of time to pay before you can send an official eviction notice. Depending on where you live, the allotted period can be anywhere between three and 30 days. Some states allow for immediate eviction to begin.

You may wonder whether you should accept a partial rent payment if the tenant asks to issue one after receiving a late rent notice. While you can accept a partial payment, it may restart the tenant’s eviction timeline, depending on the circumstances. This may make it more difficult for you to go through with an eviction.