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New York Rent Late Fee & Grace Period Calculator

Verified Primary Statute: N.Y. Real Prop. Law § 238-a(2) · Last Checked: Spot a law update? Report it
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New York Legal AssessmentGrace Period Active (No Fee Due)
Maximum Statutory Late Fee:

$0.00

Payment falls within New York's mandatory 5-day statutory grace period (N.Y. Real Prop. Law § 238-a(2)). No late fee may be charged until Day 7.

Statutory Grace Period:5 days (Earliest fee: Day 7)
Days Past Statutory Due Date:5 days
Fee Charged by Landlord:$75.00
Unlawful Overcharge:+$75.00
Governing Authority:N.Y. Real Prop. Law § 238-a(2)

New York Late Fee Laws at a Glance (N.Y. Real Prop. Law § 238-a(2))

Under N.Y. Real Prop. Law § 238-a(2), landlords must provide a mandatory 5-day grace period. Rent cannot be treated as late, and no late fee may be demanded or collected, until rent is at least 5 days overdue (fees can only be charged starting on Day 6).

Mandatory Grace Period 5 days (Earliest fee: Day 7)
Maximum Statutory Fee Limit Under N.Y. Real Prop. Law § 238-a(2), the late fee cannot exceed the lesser of $50 or 5% of the monthly rent. Any lease provision attempting to charge more than $50 is void under New York law.
Written Lease Clause Required? Yes — Mandatory under state law
Primary Governing Statute N.Y. Real Prop. Law § 238-a(2) ↗

Related New York Rental Compliance Tools

Key New York Statutory Nuances & Legal Precedents

  • Lesser-of-$50-or-5% Hard Ceiling: Even for luxury apartments with rents of $4,000+, the late fee is strictly capped at $50 maximum statewide.
  • Cannot Be Deemed 'Additional Rent': Under HSTPA amendments, late fees cannot be treated as additional rent in summary nonpayment eviction proceedings; an eviction petition demanding late fees will be dismissed.
  • Written 14-Day Demand Notice Required: Before starting an eviction action for nonpayment, landlords must serve a written 14-day notice to pay or vacate (Real Property Actions and Proceedings Law § 711).
Worked Statutory Calculation

Brooklyn Apartment Overcharged Late Fee

Monthly Rent:

$2,800

Payment Day:

Day 8

Fee Charged:

$140

Max Legal Fee:

$50

A tenant pays $2,800 monthly rent on the 8th. The landlord charges a 5% fee ($140). Under N.Y. Real Prop. Law § 238-a(2), late fees are capped at the lesser of $50 or 5% ($140). The legal maximum fee is $50. The landlord illegally overcharged the tenant by $90.

New York Rent Late Fee & Grace Period FAQs

What is the mandatory rent grace period in New York?

Under New York Real Property Law § 238-a(2), landlords must provide a mandatory 5-day grace period. If rent is due on the 1st of the month, a late fee cannot be assessed until the 6th.

What is the maximum late fee allowed in New York?

Under N.Y. Real Prop. Law § 238-a(2), late fees are strictly capped at the lesser of $50 or 5% of the monthly rent. If rent is $2,000, 5% is $100, but the statutory maximum late fee is $50.

Can a New York landlord evict a tenant for not paying a late fee?

No. Under the Housing Stability and Tenant Protection Act (HSTPA), late fees cannot be claimed as 'additional rent' in a nonpayment eviction petition.

Can a New York lease waive the $50 late fee cap?

No. Any lease clause attempting to waive or exceed the $50 statutory cap under § 238-a(2) is void and unenforceable as against public policy.