Cross-state comparison
Storage late-fee caps by state
Late fees are where small operators most often drift out of compliance without knowing it, because the rules are invisible until challenged. A minority of states write a hard cap into the statute — a dollar amount, a percentage of monthly rent, or the greater of the two. Others require fees to be “reasonable” without defining it, which puts the burden on you if a tenant pushes back. The rest say nothing, leaving the rental agreement to control.
Two details recur across the capped states: the fee usually must be stated in the rental agreement to be collectible at all, and a late fee is typically not the same thing as a lien-enforcement expense — statutes that cap one often still allow the other. Kansas, for instance, treats anything up to the greater of $20 a month or 20% of monthly rent as presumptively reasonable — charge more and the burden of proving it reasonable is yours.
The table classifies all 50 states from the verified guides. The detail column quotes the operative rule; the state guide has the full context.
All 50 states
| State | Late-fee rule | Detail | Citation |
|---|---|---|---|
| Alabama | Reasonableness | Safe harbor: greater of $20/month or 20% of monthly rent is deemed reasonable. Higher fees are not expressly prohibited but risk challenge as an unenforceable penalty. Must be stated in the rental agreement. | Ala. Code §§ 8-15-41(6), 8-15-44(e) |
| Alaska | Contract controls | No statutory cap or floor. AS 34.35.220 grants a lien for "just and reasonable charges" only. Late fees may be contractually enforceable if disclosed in the rental agreement, but their inclusion in the lien claim is legally uncertain without a dedicated statute. | AS 34.35.220 |
| Arizona | Statutory cap | Capped at the greater of $10/month or 20% of monthly rent. Must be stated in the rental agreement or via verified-mail notice before charging. | A.R.S. § 33-1703(E) |
| Arkansas | Statutory cap | Capped at the greater of $30/month or 20% of monthly rent. Must be stated in the rental agreement or a written addendum; collection and enforcement expenses are chargeable on top. | Ark. Code Ann. § 18-16-411 |
| California | Statutory cap | Tiered caps: rent ≤$60 → max $10; $60–$100 → max $15; >$100 → max $20 or 15% of monthly rent, whichever is greater. One fee per missed payment; not chargeable until rent is 10 days overdue. Must be stated in the rental agreement. | Cal. Bus. & Prof. Code § 21713.5 |
| Colorado | Statutory cap | Safe harbor: greater of $20 or 20% of monthly rent per late payment is deemed reasonable and not a penalty. Must be stated in the rental agreement or a written addendum. | C.R.S. § 38-21.5-101.5(3) |
| Connecticut | Contract controls | No statutory cap or floor in Chapter 743. Amount, timing, and conditions are controlled entirely by the rental agreement. CUTPA may apply if fees are deceptive or unconscionable. | Conn. Gen. Stat. §§ 42-159 to 42-168 (no late-fee provision) |
| Delaware | Statutory cap | Capped at the greater of $20/month or 20% of monthly rent. Rental agreement must disclose both the amount and the timing for charging it. | 25 Del. C. § 4904(l) |
| Florida | Reasonableness | Safe harbor: greater of $20 or 20% of monthly rent per period of non-payment is deemed reasonable and not a penalty. Must be specified in the rental agreement or a signed addendum. No hard cap above the safe-harbor amount, but fees above it risk challenge. | Fla. Stat. § 83.808(3) |
| Georgia | Statutory cap | Capped at the greater of $20/month or 20% of monthly rent per month with a late payment. Applies to agreements entered into, extended, or renewed on or after July 1, 2019. Must be specified in the rental agreement. | O.C.G.A. § 10-4-217 |
| Hawaii | Contract controls | HRS §§ 507-61 to 507-72 contain no late-fee provision — no cap, no formula, no grace period. Late fees are governed entirely by the written rental agreement. | HRS § 507-70(a) |
| Idaho | Reasonableness | Safe harbor: $20 or 20% of monthly rent, whichever is greater, is presumed reasonable and not a penalty. Must be disclosed in the rental agreement. A higher fee is permissible if the operator can show it is reasonable. | Idaho Code § 55-2304(2), (7) |
| Illinois | Statutory cap | The greater of $20 or 20% of the monthly rental fee per month in default is deemed reasonable and not a penalty (§ 7.10(c)). No late fee may be assessed until rent remains unpaid for at least 5 days after the due date (§ 7.10(a)). Must be stated in the rental agreement or addendum. | 770 ILCS 95/7.10(a), (c)–(d) |
| Indiana | Statutory cap | Capped at the greater of $20 or 20% of monthly rent, per month in default (IC 26-3-8-11.5(a)). Reasonable rent-collection and lien-enforcement costs are separately recoverable (IC 26-3-8-11.5(b)). Both are included in the lien. | IC 26-3-8-11.5(a)–(b) |
| Iowa | Reasonableness | A monthly late fee of $20 or 20% of monthly rent — whichever is greater — is deemed reasonable and not a penalty (§ 578A.5(4)); higher fees are not automatically prohibited, but the operator risks a court finding them unreasonable. Collection and enforcement costs may be charged separately. | Iowa Code §§ 578A.5(4), 578A.2(5) |
| Kansas | Reasonableness | Late fees up to the greater of $20/month or 20% of monthly rent are presumptively reasonable; more is allowed only if the operator proves it reasonable. Must be stated in the rental agreement. | K.S.A. 58-816a(a)–(c) |
| Kentucky | Reasonableness | Safe harbor: greater of $20 or 20% of monthly rental fee is deemed reasonable (KRS 359.215(3)); higher fees risk a court finding them unreasonable. No fee until rent is 5+ days past due (KRS 359.215(1)). Amount and conditions must be in the rental agreement or addendum. | KRS 359.215(1)–(4) |
| Louisiana | Reasonableness | Safe harbor: $20 or 20% of monthly rent per period, whichever is greater, is deemed reasonable and not a penalty (R.S. 9:4759(A)). No cap above that — higher fees may still be enforceable as reasonable. Amount and conditions must be stated in the rental agreement or addendum. | R.S. 9:4759(A) |
| Maine | Statutory cap | Cap: greater of $20 per late payment or 20% of rent due for that period is expressly reasonable (§ 1376(3)). 3-day grace period — no fee if occupant pays in full within 3 days of due date (§ 1376(1)). Fee and conditions must be in at least 12-point type in the rental agreement or addendum. | 10 M.R.S. §§ 1376(1), (2), (3), (4) |
| Maryland | Statutory cap | Capped at the greater of $20 per month or 20% of the monthly rent (§ 18-504(l)). Fee amount and conditions must be disclosed in the rental agreement. No grace period is specified by statute; the rental agreement controls that timing within the cap. | Md. Code Ann., Com. Law § 18-504(l) |
| Massachusetts | Statutory cap | A late fee is deemed reasonable if it equals the greater of $20 per month or 20% of the monthly rent (§ 5). Fee amount and conditions must be specified in the rental agreement. | M.G.L. c. 105A, § 5 |
| Michigan | Reasonableness | The statute declares $20/month or 20% of monthly rent (whichever is greater) to be a reasonable safe harbor, but it is a floor, not a cap — operators may charge above it if the rental agreement so provides. No ceiling is set. | MCL 570.523(6) |
| Minnesota | Contract controls | No statutory cap on late fees. The rental agreement controls the amount, timing, and structure. Late fees are covered by the lien as "other charges specified in the rental agreement" (§514.972, subd. 1). | Minn. Stat. §§ 514.971, subd. 7; 514.972, subd. 1 |
| Mississippi | Reasonableness | Safe harbor: a monthly late fee of $20.00 or 20% of the monthly rental amount, whichever is greater, is deemed reasonable and not a penalty (§85-7-123(3)). Higher fees are not expressly prohibited but risk challenge as an unenforceable penalty. | Miss. Code § 85-7-123 |
| Missouri | Reasonableness | Safe harbor: $20 or 20% of the monthly rental amount, whichever is greater, per late payment is "deemed reasonable" (§415.417). Higher fees are permitted if the operator can demonstrate reasonableness; the burden falls on the operator. Must be stated in the rental agreement. | RSMo § 415.417 |
| Montana | Reasonableness | Safe harbor: $20 or 20% of monthly rent (whichever is greater) is deemed reasonable and may not be considered a penalty (§70-6-606(2)). The fee and conditions must be stated in the rental agreement. Any fee exceeding the safe harbor may be challenged as unreasonable. | MCA § 70-6-606(2) |
| Nebraska | Contract controls | No statutory cap or formula. Late fees are secured by the lien (§76-1605(1)) but the Act sets no maximum amount. The rental agreement controls the amount entirely. | Neb. Rev. Stat. §§ 76-1605(1), 76-1609 |
| Nevada | Statutory cap | Capped at $20 or 20% of the monthly rental amount, whichever is greater, per month of late payment. Valid only if stated in the rental agreement or a written addendum (NRS 108.4758). | NRS 108.4758 |
| New Hampshire | Statutory cap | Safe harbor: $20 or 20% of each rental payment, whichever is greater, is deemed reasonable and not a penalty (RSA 451-C:7). No fee may be charged if the renter pays in full within the 5-day grace period. Must be disclosed in the rental agreement. | RSA 451-C:7 |
| New Jersey | Reasonableness | Safe harbor: up to $20 or 18% of the monthly rent, whichever is greater, per month is deemed reasonable and not a penalty (C.2A:44-189.1, P.L. 2017, c.368). Fees above lose the safe harbor but are not automatically void. Note: NJ uses 18%, not the 20% common in other states. | N.J.S.A. 2A:44-189.1 (added by P.L. 2017, c.368) |
| New Mexico | Contract controls | No statutory cap. A cap ($20 or 20% of monthly rent) was proposed in SB 311 (2015) and SB 180 (2025) but stripped before passage both times. The rental agreement controls the amount and timing entirely. | NMSA §§ 48-11-3, 48-11-5; Laws 2015, ch. 118 |
| New York | Contract controls | § 182 imposes no statutory cap. The lien covers "other charges pursuant to the occupancy agreement" (§ 182(6)); the agreement controls. The "$20 or 20%" figure circulates in secondary sources but is from proposed legislation that has never been enacted. | Lien Law § 182(2), § 182(6) |
| North Carolina | Contract controls | No statutory cap on late fees anywhere in §§ 44A-40 through 44A-46. The only statutory fee in Article 3A is the $2.00 DMV filing fee for motor-vehicle lien notices. Rental agreement controls all late-fee amounts. | N.C. Gen. Stat. § 44A-43(b)(1) (DMV fee only); §§ 44A-40 through 44A-46 (silent on late fees) |
| North Dakota | Statutory cap | Authorized late fee: $20 or 20% of the delinquent monthly rent payment, whichever is greater, per missed payment (§ 35-33-02(3)). Expressed as a formula cap; no published case law has addressed fees above this formula. | N.D.C.C. § 35-33-02(3) |
| Ohio | Reasonableness | A fee of $20 per period or 20% of monthly rent — whichever is greater — is deemed reasonable by statute (§ 5322.05). Higher amounts are allowed if the owner can demonstrate reasonableness. No late fee is enforceable if the occupant pays in full within 3 days after the due date. | ORC §§ 5322.01, 5322.05 |
| Oklahoma | Statutory cap | A late fee not exceeding the greater of $20.00 or 20% of the unpaid rent per period is deemed reasonable. The amount and conditions must be stated in the rental agreement or a written addendum. | 42 O.S. § 196(C) |
| Oregon | Statutory cap | A late fee is deemed reasonable — and is not a penalty — if it does not exceed the greater of $20 or 20% of the monthly rent. The rental agreement must specify the fee amount and the date charging becomes permissible; without that written agreement the fee cannot be collected. | ORS 87.694 |
| Pennsylvania | Statutory cap | Safe-harbor cap: $20/month or 20% of monthly rent, whichever is greater, is deemed reasonable and not a penalty (§ 5605(b)(1)). Fee must be disclosed in the rental agreement. No late fee may be charged if the occupant pays in full by the fifth day after the due date. | 12 Pa.C.S. § 5605(b) |
| Rhode Island | Contract controls | No statutory cap, floor, or provision governing late fees appears anywhere in §§ 34-42-1 through 34-42-9. The amount, timing, grace period, and conditions for late fees are controlled entirely by the rental agreement. | R.I. Gen. Laws §§ 34-42-1 through 34-42-9 (silent on late fees) |
| South Carolina | Contract controls | No statutory cap on late fees appears anywhere in §§ 39-20-10 through 39-20-50. The chapter is silent on permissible late-fee amounts. Rental agreement controls. | S.C. Code Ann. §§ 39-20-10 through 39-20-50 (no late-fee cap provision found) |
| South Dakota | Contract controls | SDCL Chapter 44-14 sets no statutory cap on late fees and does not specify when late fees may first be assessed. The rental agreement controls the amount, grace period, and conditions. Late fees are a lienable charge under SDCL 44-14-2. | SDCL 44-14-2 (lien scope includes late fees); SDCL 44-14 (silent on cap) |
| Tennessee | Statutory cap | Capped at the greater of $20.00 per month or 20% of monthly rent. Must be disclosed in bold type in the rental agreement or by prior written notice. Additional remedies are not precluded. | Tenn. Code Ann. §§ 66-31-104(b), 66-31-104(c), 66-31-104(d) |
| Texas | Contract controls | No statutory cap in Chapter 59. Amount, timing, and structure are set by the rental agreement. The lien attaches to all charges due and unpaid, including contractual late fees. | Tex. Prop. Code §§ 59.005, 59.021 |
| Utah | Statutory cap | Statutory safe harbor: greater of $20 per period or 20% of monthly rent is expressly deemed reasonable. Fee amount and conditions must be stated in the rental agreement. Updated from $10 floor effective 5/1/2024. | Utah Code § 38-8-2(3)(b) (eff. 5/1/2024, amended by Ch. 383, 2024 General Session) |
| Vermont | Statutory cap | Capped at the greater of $20.00 or 20% of a rental payment per service period. No late fee may be charged if occupant pays within five days after the due date. Terms must be disclosed in the rental agreement. | 9 V.S.A. § 3903(c); see also § 3901 (definition of "late fee") |
| Virginia | Contract controls | No statutory cap, grace period, or maximum percentage in the Self-Service Storage Act. Amount, timing, and structure are set entirely by the rental agreement. | Va. Code § 55.1-2901(A) |
| Washington | Statutory cap | Statutory safe harbor: $20 or 20% of monthly rental amount, whichever is greater, per late payment is deemed reasonable and not a penalty. Must be written into the rental agreement or a signed addendum. | RCW 19.150.010; RCW 19.150.150 |
| West Virginia | Statutory cap | Capped at $20 or 20% of monthly rental fee, whichever is greater, per month the occupant is in default for five or more days. No fee is permitted for a default period shorter than five days in a given month. | W. Va. Code § 38-14-4 |
| Wisconsin | Reasonableness | $20 or 20% of monthly rental amount, whichever is greater, is presumed reasonable. Higher fees are permitted if operator proves reasonableness — no absolute ceiling. Fee must be stated in the rental agreement. | Wis. Stat. § 704.90(4b)(a)–(b) |
| Wyoming | Contract controls | W.S. 29-7-101 through 29-7-106 is silent on late fees. No cap, percentage formula, or grace period prescribed. Amount, trigger date, and grace period are determined solely by the rental agreement. | W.S. 29-7-101(a); W.S. 29-7-105(c) (no specific late-fee provision found in primary text) |
More comparisons
Why we wrote this
LotWarden tracks this timeline for you
Billing software built for storage lots: month-based autopay, vehicle records, and lien-notice reminders that follow your state’s deadlines instead of living in your head. $79/month flat — first 25 lots get a free beta, then $39/month locked for life.
Join the founding waitlist