Late Rent Fees · New York
Late rent fees in New York
The cap is lesser of $50 or 5% of the monthly rent. No fee may be charged until rent is 5 days late.
Maximum fee
lesser of $50 or 5% of the monthly rent
Lesser of the two, unlike Colorado and North Carolina which take the greater. Co-operative housing corporations may instead charge dwelling-unit owners up to 8% of the monthly maintenance fee.
“unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less”
Mandatory grace period
5 days
“unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less”
The grace period is not a new due date
This is the detail landlords most often get wrong. A 5-day grace period in New York controls when the feeapplies — it does not move the day rent is due. Rent due on the 1st is still late on the 2nd, and in most states a pay-or-quit notice can be served then. Only the fee waits.
Your lease can be more generous than the statute, never less. A longer contractual grace period is fine; a shorter one is void.
What the percentage applies to
Lesser of the two, unlike Colorado and North Carolina which take the greater. Co-operative housing corporations may instead charge dwelling-unit owners up to 8% of the monthly maintenance fee.
This matters more than it sounds. Where a cap is a percentage of the past-due or unpaid amount rather than full monthly rent, a tenant who pays most of the rent shrinks the lawful fee at the same time. Colorado and Maryland are both written that way, and a landlord applying the percentage to full rent after a partial payment is overcharging.
A fee above the cap is void, not reduced
Statutory caps are mandatory, and a tenant’s signature does not cure an unlawful clause. Several states go further and attach a penalty to charging one: Colorado imposes $50 per violation, and Maryland makes the clause unenforceable and exposes the landlord to the tenant’s actual damages and legal fees. This is not a “worst case, they just don’t pay it” situation.
Watch out for the wrong statute
If you search for your state’s late fee limit you will very likely be told it is “$20 or 20% of monthly rent, whichever is greater”. In nine states that rule is real, but it sits in the self-service storagestatute, not residential landlord–tenant law. It does not govern a house or an apartment. Two other widely-quoted figures — Arizona’s “$50 or 5%” and North Dakota’s 8% — come from bills that never passed. The comparison page explains which is which.
Other states with a 5-day grace period
Common questions
- How much can a landlord charge for a late fee in New York?
- lesser of $50 or 5% of the monthly rent, under N.Y. Real Prop. Law 238-a(2). A fee above the cap is void and unenforceable even if the tenant signed the lease. Lesser of the two, unlike Colorado and North Carolina which take the greater. Co-operative housing corporations may instead charge dwelling-unit owners up to 8% of the monthly maintenance fee.
- Does New York require a grace period before charging a late fee?
- Yes — 5 days under N.Y. Real Prop. Law 238-a(2). Charging inside that window is unlawful regardless of what the lease says.
- Can I charge a late fee if it is not in the New York lease?
- No. In virtually every state a late fee is only enforceable if the signed lease states it — the amount, when it applies, and any grace period. If the lease is silent you cannot impose one mid-tenancy without an amendment both parties agree to.
Check your fee against the law automatically
Pacific Rentals Pro warns you when a lease’s late fee exceeds the state cap or its grace period falls below the statutory minimum — using exactly the New York rule on this page.
Start free →Read against the cited sources on November 6, 2026. Authority: N.Y. Real Prop. Law 238-a(2). General information about New Yorklaw, not legal advice — statutes change and local ordinances can add caps the state does not.