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 an informal reminder and creates a written record in case the issue remains unresolved.

A late rent notice may come after a tenant ignores an initial notice of the current rent balance.

A late rent notice is often unofficial. It’s a friendly prompt to encourage the tenant to pay their overdue rent balance. A late rent payment notice precedes the official “notice to pay or quit,” which is the first step in the formal eviction process.

Some states require landlords to wait for a statutory grace period to expire before issuing a formal notice to pay rent or quit. During this waiting period, you can send an informal late rent notice to remind tenants about the overdue payment and encourage them to pay before formal action becomes necessary. Review each state’s rules to understand when you can serve a formal notice to pay rent or quit and when an informal late rent notice may be appropriate.

State	When Can a Landlord Issue a Formal Notice to Pay Rent or Quit?	Statute
Alabama	The day after rent is due	AL Code § 35-9A-421
Alaska	The day after rent is due	AK Stat § 34.03.220
Arizona	5 days after the rent due date	AR Code § 18-17-701
Arkansas	The day after rent is due	AZ Rev Stat § 33-1314
California	The day after rent is due	CA Civ Code § 1947
Colorado	7 days after the rent due date	CO Rev Stat § 38-12-105
Connecticut	10 days after the rent due date (month-to-month leases); 5 days after the rent due date (week-to-week leases)	CT Gen Stat § 47a-15a.
Delaware	The day after rent is due	25 DE Code § 5501
District of Columbia	The day after rent is due	DC Code § 42–3505.01
Florida	The day after rent is due	FL Stat § 83.56
Georgia	The day after rent is due	GA Code § 44-7-50
Hawaii	The day after rent is due	HI Rev Stat § 521-68
Idaho	The day after rent is due	ID Code § 6-303
Illinois	The day after rent is due	735 ILCS 5/9-209
Indiana	The day after rent is due	IN Code § 32-31-1-6
Iowa	The day after rent is due	IA Code § 648.1
Kansas	The day after rent is due	KS Stat § 58-2564
Kentucky	The day after rent is due	KY Rev Stat § 383.660
Louisiana	The day after rent is due	LA Code Civ Pro Art. 4701
Maine	7 days after the rent due date	14 ME Rev Stat § 6002
Maryland	The day after rent is due	MD Real Property Code § 8-401
Massachusetts	The day after rent is due	MA Gen L ch 186 § 11a
Michigan	The day after rent is due	MI Comp L § 554.134
Minnesota	The day after rent is due	MN Stat § 504B.321
Mississippi	The day after rent is due	MS Code § 89-8-13
Missouri	The day after rent is due	MO Rev Stat § 535.020
Montana	The day after rent is due	MT Code § 70-24-422(2)
Nebraska	The day after rent is due	NE Code § 76-1431
Nevada	The day after rent is due	NV Rev Stat § 40.253
New Hampshire	The day after rent is due	NH Rev Stat § 540:3(I)
New Jersey	The day after rent is due	NJ Rev Stat § 2A:18-61.2
New Mexico	The day after rent is due	NM Stat § 47-8-33
New York	5 days after the rent due date (must provide a written late rent notice)	NY Real Prop L § 235-E
North Carolina	The day after rent is due	NC Gen Stat § 42-3
North Dakota	3 days after the rent due date	ND Cent Code § 47-32-01(4)
Ohio	The day after rent is due	OH Rev Code § 1923.04
Oklahoma	The day after rent is due	41 OK Stat § 131
Oregon	5 days after the rent due date (for a 13-day pay or quit notice); 8 days after the rent date (for a 10-day pay or quit notice)	OR Rev Stat § 90.394
Pennsylvania	The day after rent is due	68 P.S. § 250.501(b)
Rhode Island	15 days after the rent due date	RI Gen Laws § 34-18-35
South Carolina	The day after rent is due	SC Code § 27-40-710
South Dakota	The day after rent is due	SD Codified L § 21-16-1
Tennessee	The day after rent is due	TN Code § 66-7-109
Texas	The day after rent is due	TX Prop § 24.005
Utah	The day after rent is due	UT Code § 78B-6-802
Vermont	The day after rent is due	9 V.S.A. § 4467
Virginia	The day after rent is due	VA Code § 55.1-1245
Washington	The day after rent is due	WA Rev Code § 59.12.030
West Virginia	The day after rent is due	WV Code § 55-3A-1
Wisconsin	The day after rent is due	WI Stat § 704.17
Wyoming	3 days after the rent due date	WY Stat § 1-21-1002

If state law or your lease establishes a grace period for late rent, you cannot issue a formal notice to pay or quit during this time. However, you can send a courtesy late rent notice. This reminder may encourage the tenant’s compliance and help you avoid the eviction process.

Even once the grace period passes, you may want to try a late rent notice first. This shows that you’re willing to work with the tenant to collect a late payment without initiating eviction proceedings.

When to Send a Late Rent Notice

Most commonly, a landlord sends a notice of past-due rent as soon as rent becomes overdue. They are allowed to send it before the state- or lease-mandated grace period.

While you can send a friendly reminder immediately, an official, legally binding “notice to pay or quit” (also called an eviction notice for nonpayment of rent) should only be sent after the grace period ends.

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. Here’s how to write your late rent notice to effectively communicate the situation to your tenant.

Step 1 – Identify the Parties & 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 which property’s rent is in arrears.

Add your contact information so the tenant knows how to reach you with questions or payment details.

Step 2 – Include a Clear Statement of Nonpayment

Use professional, 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.” State the amount and the month for which rent is in arrears. Break down the amount due by listing the current month’s rent and any past unpaid rent, then show the total amount the tenant must pay.

Make it clear that the notice relates to nonpayment of rent for a specific period, to avoid any confusion about what the tenant must fix. If you need to communicate a breach of the lease, use our notice to comply or vacate instead.

Use Legal Templates’s late rent notice form to get the wording right and convey the purpose of your message.

Step 3 – Note Any Late Fees

If a tenant is late in paying rent, you may be able to charge a late fee. In order for you to charge late fees in your delinquent rent notice, state law must allow them, and your lease agreement must list them. If you meet these conditions, you’re permitted to charge a late fee. Communicate the late fee to your tenant by listing it in your overdue rent notice, and clarify that the fee is due in addition to the overdue rent amount.

Not sure if your state allows late fees for overdue rent? Explore the state laws below:

State Name	Maximum Late Rent Fee	When Can I Charge a Late Rent Fee?	Statute
Alabama	No limit on late fees	As soon as the rent is late	n/a
Alaska	No limit on late fees	As soon as the rent is late	n/a
Arizona	Must be reasonable	As soon as the rent is late	AZ Rev Stat § 33-1368
Arkansas	No limit on late fees	As soon as the rent is late	n/a
California	Must be reasonable	As soon as the rent is late	CA Civ Code § 1671
Colorado	The greater of $50 or 5% of the overdue rent	When rent becomes late by 7 calendar days	CO Rev Stat § 38-12-105
Connecticut	The greater of $50 or 5% of the overdue rent	When rent becomes late by 9 days (for month-to-month leases) or by 5 days (week-to-week leases)	CT Gen Stat § 47a-15a
Delaware	5% of the rent	When rent becomes late by 5 days	25 DE Code § 5501
District of Columbia	5% of the rent	When rent becomes late by 5 days	DC Code § 42-3505.31(a)(2)
Florida	The greater of $20 or 20% of the monthly rent	As soon as the rent is late	FL Stat § 83.808
Georgia	No limit on late fees	As soon as the rent is late	n/a
Hawaii	8% of the rent due	As soon as the rent is late	HI Rev Stat § 521-21
Idaho	No limit on late fees	As soon as the rent is late	n/a
Illinois	Must be reasonable	When rent becomes late by 5 days	770 ILCS 95/7.10
Indiana	No limit on late fees	As soon as the rent is late	n/a
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	As soon as the rent is late	IA Code § 562A.9
Kansas	No limit on late fees	As soon as the rent is late	n/a
Kentucky	No limit on late fees	As soon as the rent is late	n/a
Louisiana	No limit on late fees	As soon as the rent is late	n/a
Maine	4% of the rent due	When rent becomes late by 15 days	14 ME Rev Stat § 6028
Maryland	5% of the rent due	As soon as the rent is late	MD Real Prop Code § 8-208(d)(3)(i)
Massachusetts	No limit on late fees	When rent becomes late by 30 days	MA Gen L ch 186 § 15b
Michigan	No limit on late fees	As soon as the rent is late	n/a
Minnesota	8% of the overdue rent	As soon as the rent is late	MN Stat § 504B.177(a)
Mississippi	No limit on late fees	As soon as the rent is late	n/a
Missouri	No limit on late fees	As soon as the rent is late	n/a
Montana	No limit on late fees	As soon as the rent is late	n/a
Nebraska	No limit on late fees	As soon as the rent is late	n/a
Nevada	5% of the rent	When rent becomes late by 3 days	NV Rev Stat § 118A.210
New Hampshire	No limit on late fees	As soon as the rent is late	n/a
New Jersey	Must be reasonable	When rent becomes late by 5 business days	NJ Rev Stat § 2A:42-6.1
New Mexico	10% of the overdue rent	As soon as the rent is late	NM Stat § 47-8-15(D)
New York	The lesser of $50 or 5% of the rent due	When rent becomes late by 5 days	NY Real Property Law § 238-a
North Carolina	The greater of $15 or 5% of monthly rent	When rent becomes late by 5 days	NC Gen Stat § 42-46(a)
North Dakota	No limit on late fees	As soon as the rent is late	n/a
Ohio	No limit on late fees	As soon as the rent is late	n/a
Oklahoma	No limit on late fees	As soon as the rent is late	n/a
Oregon	5% of the monthly rent	When rent becomes late by 4 days	OR Rev Stat § 90.260(2)(c)
Pennsylvania	No limit on late fees	As soon as the rent is late	n/a
Rhode Island	No limit on late fees	As soon as the rent is late	n/a
South Carolina	No limit on late fees	As soon as the rent is late	n/a
South Dakota	No limit on late fees	As soon as the rent is late	n/a
Tennessee	10% of the overdue rent	When rent becomes late by 5 days	TN Code § 66-28-201(d)
Texas	Must be reasonable	When rent becomes late by 2 days	TX Prop Code § 92.019)
Utah	The greater of $75 or 10% of the rent	As soon as the rent is late	UT Code § 57-22-4(5)(a))
Vermont	No limit on late fees	As soon as the rent is late	n/a
Virginia	The lesser of 10% of the periodic rent or 10% of the remaining balance due	When rent becomes late by 5 days	VA Code § 55.1-1204(E)
Washington	No limit on late fees	As soon as the rent is late	n/a
West Virginia	No limit on late fees	As soon as the rent is late	n/a
Wisconsin	No limit on late fees	As soon as the rent is late	n/a
Wyoming	No limit on late fees	As soon as the rent is late	n/a

Even if state law doesn’t explicitly cap late-fee amounts, they must still be reasonable. Otherwise, courts will likely not uphold them.

Step 4 – Specify How Payment Can Be Made

List acceptable payment methods so the tenant can easily send their overdue payment to you. Give a deadline by which you’re willing to accept the overdue payment.

You may specify that the tenant may pay in person or by mail to your address. Plus, Legal Templates’s guided form lets you customize your late rent notice with the following payment options:

Cash
Personal check
Money order
Cashier’s check
Certified check
Wire transfer

Step 5 – Clarify That You May Initiate Eviction Proceedings

Reinforce that this reminder is not a notice to pay or quit by informing the tenant that if they don’t pay the overdue rent, you may initiate eviction proceedings. Giving this consequence may alert the tenant and encourage them to pay so they can avoid the legal process of eviction.

Conclude your notice of past-due rent by signing it as the landlord.

Step 6 – Send the Past-Due Rent Notice

Once you finish writing the late rent payment notice, you can ensure proper delivery to the tenant. Because this notice is not an official eviction notice for nonpayment of rent, there are no legally required methods to follow. However, you should consider handing it to the tenant personally or sending it via certified mail. You may also post it on their property.

Whichever method you use, you should be confident that it will serve them the notice in a timely manner. This ensures they get the notice, have time to review it, and are aware of the overdue rent.

Sometimes, a past-due rent notice is enough of a reminder. It may motivate the tenant to pay without you needing to pursue the formal eviction process.

Sample Late Rent Notice

View an example of our late rent notice template to see how to request an overdue payment from a tenant informally. Once you’re ready, you can fill out your own using our guided form. Then download it in PDF or Word format to prepare to distribute it to your tenant.

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

Late-Rent-Notice-Template

What to Do If a Tenant Ignores a Late Rent Notice?

After sending a late rent notice, follow up to confirm the tenant received it. If they respond but can’t pay or ignore the notice altogether, discuss possible solutions:

Let them catch up. Write a payment plan so they can 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. Switching from a fixed-period lease to a month-to-month lease provides flexibility for both parties.

Initiating Formal Eviction After a Late Rent Notice

If the tenant refuses to cooperate with a late rent notice and the above methods, review your state’s laws to determine the next step. Most states require you to send a notice to pay or quit to initiate the formal eviction process. This notice officially starts the clock on eviction proceedings. It gives tenants the state-mandated notice period to pay or move out.

Select your state to find the eviction notice for nonpayment of rent that’s applicable to your situation:

Things to Remember When Sending a Notice to Pay or Quit

Use your state’s official notice to pay or quit template.
Wait for any grace period to pass before sending the notice.
Follow state laws for properly delivering the notice.
Give the tenant the amount of time stated in the notice to pay rent or move out.
File a lawsuit if the tenant does not comply with the notice to pay rent or quit.