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New York Late Rent Fee Law

Statute text last checked: October 23, 2026

This page summarizes New York statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.

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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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

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