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Rent Late Fee Laws in New York

In New York, a landlord may not charge a late fee unless rent is unpaid 5 days after it was due, and the fee may not exceed $50 or 5% of the monthly rent, whichever is less.

Last checked . General information, not legal advice.

New York at a glance

Late fee cap
Lesser of $50 or 5% of monthly rent
Cap (% of rent)
5% (or $50 if less)
The $50 limit applies when it is lower than 5% of the rent.
Grace period
5 days
No fee unless rent is unpaid within five days of the due date.

Sources

Last checked

The rules in New York

How much can a landlord charge as a late fee in New York?

Late fee cap in New York: Lesser of $50 or 5% of monthly rent.

What percentage of the rent is the late fee cap in New York?

Cap (% of rent) in New York: 5% (or $50 if less). The $50 limit applies when it is lower than 5% of the rent.

How many days does a tenant have before a late fee can be charged in New York?

Grace period in New York: 5 days. No fee unless rent is unpaid within five days of the due date.

Where do the New York rent late fee laws come from?

The rules above come from N.Y. Real Prop. Law 238-a(2). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

In many states, a landlord can charge a late fee only if the lease provides for it. Putting the amount, the due date, and any grace period in the lease in plain numbers helps both sides avoid disputes.

When a state counts a grace period, the details matter: whether weekends and holidays count, and whether the clock starts on the due date or the day after. Read the statute text linked on each state page rather than relying on a rounded summary.

Late fees are separate from unpaid rent. Keeping rent receipts and a record of the date each payment arrived makes it easier to check whether a fee was charged correctly and to resolve disagreements before they reach court.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.