New York rent late fee law & calculator

Under N.Y. Real Prop. Law §238-a: Lesser of $50 or 5% of the monthly rent. Grace period: 5 days.

Late fee due

$75.00

Paid 9 days late; grace ends 5 days after due

New York maximum for this rent

$50.00

whichever is LESS — $50 is the ceiling once rent passes $1,000 — assuming the full month's rent is unpaid

Your fee ($75.00) exceeds the New York statutory maximum of $50.00 for this rent. A fee above the cap is unenforceable — and in some states charging it carries penalties.

A late fee is only collectible if your lease authorizes it. General information, not legal advice.

What N.Y. Real Prop. Law §238-a requires

  • Maximum fee: Lesser of $50 or 5% of the monthly rent
  • Grace period: 5 days
  • Lease requirement: the fee must be authorized in the written rental agreement — an unauthorized fee is uncollectible.
  • No fee until rent is 5 days late (HSTPA, 2019)
  • Because it's the LESSER of $50 or 5%, $50 is the practical maximum for any rent above $1,000/month

Rules as of August 2026. Statutes change — verify with the current text of N.Y. Real Prop. Law §238-a before relying on a number, and check city and county ordinances, which can be stricter. This is general information, not legal advice; consult a New York attorney for your situation.

Not in New York? Every state's late-fee rules → Also for New York landlords: the security-deposit return deadline →

Frequently asked questions

Can a New York landlord charge more than $50 for late rent?

No. RPL §238-a caps the fee at the lesser of $50 or 5% of the monthly rent, it can't be charged until rent is five days late, and it must be authorized by the lease. For any rent above $1,000/month the cap is simply $50.

Late fees that apply themselves

Set the rule once — LetsGoLandlord applies fees on schedule, on their own ledger line. Free for 14 days.