Skip to content

Question

When can I charge late fees on invoices?

Are there rules or grace periods or special rules I need to follow before adding a late fee?

Rocket copilot

Answer

You can charge a late fee only if the customer agreed in writing—in your contract or on the invoice before work starts. If it isn’t written, it’s hard to enforce.

Most businesses add a short grace period (3–5 days) after the due date. Whatever you choose, state it clearly in your payment terms so customers know what to expect.

Keep fees reasonable. A flat fee or interest on the overdue balance is common, but it should reflect your real costs—not be a penalty. Some states limit late fees or interest, so check local rules before setting your policy. Additionally, a court may not enforce unreasonably high or punitive fees.

Clear, transparent terms protect your cash flow and your customer relationships.

What to consider in your specific situation

While these general guidelines apply to most businesses, your best approach may depend on several factors:

  • The wording of your contracts or invoices.
  • Any applicable state or local laws on interest or late fees.
  • The type of customer or service agreement involved.
  • How your business handles grace periods or payment terms.
  • The impact of late payments on your cash flow or operations.

Since every business is different, consider using Rocket Copilot or connecting with a Legal Pro to get more information about how late fee rules may apply to your business.

Published on 11/07/2025Written by Rocket Lawyer editorial staffReviewed by Legal Pros

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced Legal Pros—licensed attorneys and paralegals—to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

Need help negotiating or enforcing a contract?

Learning from similar situations is helpful — but it’s not a substitute for tailored information. Whatever legal challenges life throws your way, you’ll have ongoing protection as a Rocket Lawyer member:

  • Rocket Copilot Q&A for instant legal information
  • Ask a Legal Pro for human responses within a business day
  • Document insights, Contract Review, and other smart legal tools

Get legal confidence for less than the price of your daily coffee.

 

Explore more breach of contract questions & answers

Explore more questions about breach of contract due to missed timelines or deadlines

Explore Rocket Lawyer solutions that can help you move forward

Whether you’re drafting agreements, reviewing contracts, or starting a business, Rocket Lawyer offers expert support to make legal tasks easier and more affordable.

 

Disclosures

  1. This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.