D.C. Code tit. 42 § 42-3505.31
Authorized fees for the payment of rent beyond 5 days after the rent payment is due.
Operative Text
(a) Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant. (b) A housing provider may only charge a late fee: (1) If the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee that may be charged pursuant to this section; and (2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due. (c) A housing provider shall not: (1) Charge interest on a late fee; (2) Deduct any amount of a late fee from a subsequent rent payment; (3) Impose a late fee more than one time on each late payment; (4) Evict a tenant on the basis of the nonpayment of a late fee; or (5) Impose a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather that the tenant, is responsible for paying. (d) After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant's security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider.
Under D.C. Code § 42-3505.31, a housing provider in the District of Columbia may charge a late fee only when the written lease discloses the maximum fee amount and the tenant has not paid rent within five days of the due date (or a longer grace period stated in the lease). The late fee cannot exceed 5% of the full rent owed. The law also prohibits a range of additional charges and actions tied to late fees, including charging interest on them, deducting them from future rent payments, imposing them more than once per late payment, evicting a tenant solely for nonpayment of a late fee, or charging them for any portion of rent that a subsidy provider—not the tenant—is responsible for paying.
Plain English — not legal advice.
Housing providers operating under D.C. Code § 42-3505.31 generally ensure that any late fee provision in the written lease clearly states the maximum fee amount before attempting to collect one. Compliant operators cap late fees at 5% of the full rent due and wait until the five-day grace period (or any longer lease-specified period) has elapsed before assessing the charge. When a fee is lawfully imposed, operators typically issue a written invoice giving the tenant 30 days to pay, and only look to the security deposit for unpaid late fees at the end of the tenancy—never by deducting from a subsequent rent payment or by initiating eviction proceedings solely over an unpaid late fee.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3505.31 gives tenants in the District several specific protections around late fees: a housing provider cannot charge more than 5% of the full rent due, cannot charge a late fee at all unless the lease discloses the maximum amount, and cannot impose the fee before the five-day grace period (or any longer period in the lease) has passed. Tenants whose subsidized portion of rent is paid late by a subsidy provider are explicitly shielded from late fees on that portion. If a tenant believes a housing provider has violated these rules—for example, by charging interest on a late fee, imposing the fee more than once for the same late payment, or threatening eviction over an unpaid late fee—they may consider contacting a tenant-rights organization, raising the violation as a defense in any related proceeding, or filing a complaint with the District's relevant housing authority.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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