New York Late fees
Can a landlord charge a late fee in New York, and how much?
A late fee may be charged only if rent is more than 5 days late. It is capped at $50 or 5% of the monthly rent, whichever is less.
Verified Source: N.Y. Real Prop. Law § 238-a(2) · last checked 2026-10-23
How this works in New York
A New York late fee may be charged only if rent is more than 5 days late. It is capped at $50 or 5% of the monthly rent, whichever is less.
Worked example for New York
Example: Monthly rent is $1,000, and the rent is more than 5 days late. 5% of $1,000 is $50, so the lesser of $50 or 5% is $50, which is the maximum in this example. If monthly rent were $2,000, 5% would be $100, and the maximum would be $50. If monthly rent were $800, 5% would be $40, and the maximum would be $40.
New York timelines and limits
| When a late fee may be charged | Only if rent is more than 5 days late |
|---|---|
| Cap | $50 or 5% of the monthly rent, whichever is less |
New York FAQ
How much can a New York landlord charge for late rent?
No more than $50 or 5% of the monthly rent, whichever is less, and only if rent is more than 5 days late, under N.Y. Real Prop. Law § 238-a(2).
When may I first charge the fee?
Only if the payment of rent has not been made within five days of the date it was due.
If 5% of the rent is more than $50, which figure controls?
The lesser of the two. The fee shall not exceed fifty dollars or five percent of the monthly rent, whichever is less.
Sources for this section: N.Y. Real Prop. Law § 238-a(2) (checked 2026-10-23)
Same topic in neighboring states
All New York landlord-tenant law · New York landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)
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