New York Late Rent Fee Law
Statute text last checked: October 23, 2026
Limit
$50 or 5% of monthly rent, whichever is less
When a fee can start
Rent unpaid more than 5 days after due date
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Check your New York lease →The rule (N.Y. Real Prop. Law § 238-a(2))
A New York landlord may not charge a late fee unless rent is unpaid within five days of its due date, and the fee may not exceed $50 or 5% of the monthly rent, whichever is less.
Details
- The cap applies to residential dwelling units. The statute allows certain cooperative housing corporations to charge shareholder-tenants up to 8% of the monthly maintenance fee if the proprietary lease provides for it.
- A lease provision waiving or limiting § 238-a is void as against public policy (§ 238-a(3)).
Frequently asked questions
What is the maximum late fee in New York?
$50 or 5% of the monthly rent, whichever is less (RPL § 238-a(2)).
How many days' grace period does New York require?
No late fee may be charged unless rent has not been paid within five days of the due date.
Sources
- N.Y. Real Prop. Law § 238-a (official text)
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