State Law Lookup

Home › Rent late fees › New York

Late rent · checked October 21, 2026

Rent late fee law in New York

Limit: $50 or 5% of the monthly rent, whichever is less. Timing: not unless rent is unpaid within five days of the due date. Rule: N.Y. Real Prop. Law § 238-a(2).

Check a fee All states

1234
  1. 1Cap$50 or 5%, lower
  2. 2Wait5 days
  3. 3On $1,500 rent$50
  4. 4StatuteN.Y. Real Prop. Law § 238-a(2)

The rule in New York

New York caps a residential late fee at $50 or 5% of the monthly rent, whichever is less (N.Y. Real Prop. Law § 238-a(2)): “such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less.”

On timing: “unless the payment of rent has not been made within five days of the date it was due.” In short, not unless rent is unpaid within five days of the due date.

In dollars: $1,000 rent allows up to $50, $1,500 rent allows up to $50 and $2,000 rent allows up to $50. The $50 figure binds once 5% of the rent passes it, at $1,000 a month; below that the percentage is the lower number.

At $1,500 a month, New York's ceiling of $50 is 3.3% of the rent and ranks 10th highest of the 10 verified states that set a dollar or percentage limit; Virginia allows the most ($150), and none allows less. Late in every month of a year, the ceiling adds up to $600.

Dated example: with rent due on December 1, 2026, the 5-day window runs to December 6, 2026; a payment made by then carries no late fee under this rule.

Neighbouring states with a verified rule: Massachusetts (no amount set in the section read, 30-day wait).

Related New York rules: ending a month-to-month tenancy takes 30 days (notice rules); a security deposit is due back within 14 days of the end (deposit rules); disputes over fees go to small claims up to $10,000 (small claims).

Virginia$150Hawaii$120Minnesota$120Iowa$100Delaware$75Maryland$75Nevada$75North Carolina$75Maine$60New York$50
Largest late fee on $1,500 monthly rent in each verified state with a fixed limit, New York highlighted. Bar lengths are to scale.
$50$1,000$50$1,500$50$2,000
Largest late fee in New York at three example rents (columns to scale).

Source: New York State Senate, Real Property Law § 238-a · last checked October 21, 2026.

Reading a lease against the statute

A late fee needs a basis in the rental agreement, and the statute sets the outer limit. The guide on rent late-fee limits works the verified caps through the same rents side by side.

Questions

What is the maximum late fee for rent in New York?

$50 or 5% of the monthly rent, whichever is less (N.Y. Real Prop. Law § 238-a(2)); on $1,500 rent that is $50.

Is there a grace period for rent in New York?

Yes: not unless rent is unpaid within five days of the due date.

Where is the rule written?

N.Y. Real Prop. Law § 238-a(2), read on the New York State Senate, Real Property Law § 238-a page on October 21, 2026.

Related