Use the rent agreed to in the rental agreement for the 10% branch.
Calculate both candidates; the statutory ceiling is the larger amount.
The statute separately restricts amounts beyond what the rental agreement states.
A charge not included in the agreement has a specified exception for month-to-month rentals with 15-day notice.
Calculate the two ceiling candidates before comparing the ledger
Take 10% of the rent agreed to in the rental agreement, then compare that amount with $75. The greater amount is the maximum late-fee ceiling under §57-22-4(5)(a).
This is not a $75 additive fee and not a lower-of cap. In the RentBillCheck calculator, compute the greater-of ceiling first and enter that dollar amount as the Maximum fee / cap.
The statute does not itself create a universal statewide grace period
Section 57-22-4(5) addresses the amount and agreement status of charges, but it does not itself specify one statewide number of days after the due date before every residential late fee may be charged.
Use the actual rental agreement and other applicable rules for the timing input rather than silently preloading a grace period.
Keep the late fee separate from other added charges
The same subsection separately says an owner may not charge a fee, fine, assessment, interest or other cost in an amount greater than the amount agreed to in the rental agreement, or a charge not included in the rental agreement unless the month-to-month notice exception applies.
If the ledger contains a late fee plus an administration fee, interest or another default-related line, classify each line rather than combining them into the 10%/$75 calculation.
A month-to-month charge can raise a separate notice question
For a fee, fine, assessment, interest or other cost that is not included in the rental agreement, §57-22-4(5)(b) provides an exception when the rental agreement is month-to-month and the owner provides 15-day notice of the charge.
Preserve the prior rental agreement, the notice, its delivery date and the first ledger entry showing the new charge.
Documents to compare
- Executed rental agreement showing the agreed rent and late-fee term.
- Resident ledger showing the exact late fee and any separate default-related charges.
- Payment confirmation and contractual due date.
- Calculation of 10% of the agreed rent and the $75 comparison amount.
- For a newly added month-to-month charge, the written notice and its delivery date.
- Any amendment or renewal changing the rent or fee amount.