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When can a landlord charge a late fee for rent in New York, and how much?

Short answer

Late fees: only if rent is not paid within 5 days of the due date, at most $50 or 5% of the monthly rent (whichever is less)

When: A late fee may be charged only if rent is not paid within 5 days of the due date

A landlord may not demand a late fee unless the rent has not been paid within five days of the due date, and the fee may not exceed $50 or 5% of the monthly rent, whichever is less.

"may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less;"
nysenate.gov

Source: nysenate.gov · Last verified 2026-10-24 · Confidence: high · Full rule details

New York rules on this topic

Late fees: only if rent is not paid within 5 days of the due date, at most $50 or 5% of the monthly rent (whichever is less) Verified

Deadline: A late fee may be charged only if rent is not paid within 5 days of the due date

A landlord may not demand a late fee unless the rent has not been paid within five days of the due date, and the fee may not exceed $50 or 5% of the monthly rent, whichever is less.

Applies to: any number of units · Layer: New York · Topic: Late fees and grace periods

"may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less;"
nysenate.gov

Notes: N.Y. Real Property Law 238-a(2).

Last verified 2026-10-24 · Confidence: high · Status: verified · Report a correction

Same topic in other places

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