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Late rent fee calculator by state.

Legal cap and grace period, computed against your rent. Every figure is read from the statute itself — its link and the date we read it are under the result. Last checked 2026-11-09.

Legal maximum
$50 maximum
The statutory ceiling in New York at this rent: Lesser of 5% of monthly rent or $50.
Grace period
5 days
Statutory cap
Lesser of 5% of monthly rent or $50
New York: No late fee until rent is unpaid more than 5 days after the due date; the fee may not exceed the lesser of $50 or 5% of monthly rent. The rule applies statewide, including NYC.
Source: N.Y. Real Prop. Law § 238-a(2) · read on 2026-11-09
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FAQ

Why are late fee rules so different from state to state?▾

Late fees are set by state law. Some states cap them as a percentage of the rent, some as a dollar amount, some as the lesser or greater of the two, and many set no cap at all and leave it to the courts' reasonableness test. Some also require a grace period before any fee.

What if my state has "no cap"?▾

Then the statute sets no number, and neither do we. The fee still has to be written in the lease, and courts strike fees that look like a penalty rather than a fair estimate of what late payment costs the landlord. Many landlords stay around 5% of the monthly rent, but that is a practice, not a legal ceiling.

Does the grace period mean I can't charge anything until day X?▾

Yes. Where the statute sets a grace period, no late fee may be charged until it has run; charging earlier exposes the landlord to refund and damages claims. The calculator tells you the first day a fee may be charged in your state.

Are late fees enforceable if not written in the lease?▾

Generally not. Courts, and several statutes, expect the lease to state the late fee, when it starts and how it is calculated; a fee announced after the fact is hard to enforce. Put it in the lease and keep it within your state's cap.

Not legal advice. Statewide rules only — a city or county can be stricter, and courts can still strike a fee they find unreasonable. Each figure comes from the statute linked under the result, as we read it on the date shown. Confirm with a local landlord-tenant attorney before relying on it.
Every state side by side: the 2026 late fee and security deposit report
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Late fee law by state

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