The District of Columbia timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid, using District of Columbia's numbers and an example notice served on the 5th.
- The 1stRent is due (the example due date used throughout this page).
- Not before the 6thLate fee: District of Columbia sets a 5-day grace period. No late fee until rent is more than 5 days late (or any longer lease grace period); cap 5%; nonpayment of a late fee cannot be a basis for eviction. Whether the fee can start on that day or the next depends on how D.C. Code § 42-3505.31 counts days.
- The 5th (example)You serve the notice: Written notice of intent to file for nonpayment at least 10 days before filing, and only if at least $600 of rent is owed (certified mail plus hand delivery or posting) (D.C. Code § 42-3505.01(a-1)).
- Not before the 15thThe 10-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
- Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.
The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read D.C. Code § 42-3505.01(a-1) before you serve anything.
The notice for unpaid rent
Written notice of intent to file for nonpayment at least 10 days before filing, and only if at least $600 of rent is owed (certified mail plus hand delivery or posting). D.C. Code § 42-3505.01(a-1)
Among the 31 states we have verified, 19 require less notice (3 of them none at all), 5 others use the same 10 days as District of Columbia, and 6 require a longer one. Among states that require a notice, the median is 7 days.
Late fees and the grace period
No late fee until rent is more than 5 days late (or any longer lease grace period); cap 5%; nonpayment of a late fee cannot be a basis for eviction. D.C. Code § 42-3505.31
Statutory limit: 5% of the full amount of rent due; one late fee per late payment.
| Monthly rent | Maximum late fee |
|---|---|
| $1,000 | $50 |
| $1,500 | $75 |
| $2,500 | $125 |
Assumes the whole month's rent is unpaid and the lease provides for a late fee.
District of Columbia is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in District of Columbia
Notes from our review: The 10-day period comes from the 2025 amendments (D.C. Law 26-80). The statutory model notice text in the same subsection still says 'within 30 days of this notice' - an internal inconsistency; Nolo still reports 30 days. A ledger must be attached. Treat as uncertain until DC courts/OTA guidance confirm.
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
District of Columbia and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| District of Columbia | 10 days | 5 days | 5% of rent | Under review |
| Maryland | 10 days | None statewide | 5% of rent | Verified |
| Virginia | 14 days | None statewide | 10% (lesser of two bases) | Verified |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: D.C. Code § 42-3505.01(a-1)
- Late fees and grace period: D.C. Code § 42-3505.31
- Status: statute text read, but an unresolved conflict between sources keeps this state under review.