New York late rent fee: the legal maximum
New York caps late fees at the lesser of $50.00 or 5% of the monthly rent. Rent must be at least 5 days late before any fee may be charged.
Maximum late fee at common rents
Applying lesser of $50 or 5% once the 5-day grace period has passed.
| Monthly rent | Maximum fee |
|---|---|
| $1,000.00 | $50.00 |
| $1,500.00 | $50.00 |
| $2,000.00 | $50.00 |
| $3,000.00 | $50.00 |
What the statute says
Lesser of $50 or 5% of monthly rent; no late fee unless rent is unpaid more than 5 days after the due date; lease clauses waiving this are void. Application/background-check fee capped at $20 or actual cost.
How this applies in practice
- A late fee must be written into the lease. The statute caps what the lease may say; it does not create a fee on its own.
- Rent is not "late" for fee purposes until 5 days after the due date. A fee charged earlier is unenforceable.
- Any amount above the cap cannot be collected or deducted from the deposit, and in several states charging an unlawful fee exposes the landlord to damages.
- Late fees are separate from interest on unpaid rent and from eviction filing costs, which have their own rules.
Related New York rules
- Pay-or-quit notice: 14 days. Notice periods in New York.
- Security deposit: 1 month's rent; returned 14 days after the tenant vacates, with an itemized statement of any deductions; failure to provide both within 14 days forfeits the right to retain any part of the deposit. Deposit rules in New York.
- All rules on one page: New York landlord and tenant law.
Frequently asked questions
What is the maximum late fee for rent in New York?
Lesser of $50 or 5%. Lesser of $50 or 5% of monthly rent; no late fee unless rent is unpaid more than 5 days after the due date; lease clauses waiving this are void. Application/background-check fee capped at $20 or actual cost.
Is there a grace period for rent in New York?
Yes. State law requires rent to be 5 days late before a late fee can be charged, regardless of what the lease says.
Can a New York landlord charge a daily late fee?
Only if the total stays within the statutory cap (Lesser of $50 or 5%). A daily fee that accumulates past the cap is unenforceable above it.
Can a landlord charge a late fee that is not in the lease in New York?
No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in New York the statutory cap applies on top of whatever the lease says.