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New York · Late fees

New York late fee law

New York landlords must wait 5 days after rent is due before charging a late fee, and the fee can’t be more than the lesser of $50 or 5% of the monthly rent.

Grace period
5 days
Cap
Lesser of $50 or 5% of the monthly rent
Grace period
No late fee unless rent is more than 5 days late.

Law: N.Y. Real Prop. Law § 238-a(2)

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.

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