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New York late fee law

Read from the statute itself on 2026-11-09. Statewide rule; a city or county can add its own.

Statutory cap
Lesser of 5% of monthly rent or $50
Grace period
5 days after the due date

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

Calculate it for your rent

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

New York: common questions

What is the maximum late fee in New York?

New York's statute caps it: Lesser of 5% of monthly rent or $50. 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.

Is there a grace period for late rent in New York?

Yes: no late fee may be charged until rent is 5 days past due.

Not legal advice. Confirm with a local landlord-tenant attorney before relying on a figure.

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