How much can a landlord charge for a late rent fee in New York?

In New York, a late fee may not exceed $50 or 5% of the monthly rent, whichever is less. A landlord may not charge a late fee unless the rent is still unpaid five days after it was due. This is N.Y. Real Prop. Law § 238-a(2).

WhatNew York
Maximum late fee$50 or 5%, whichever is less
No late fee before5 days

Source

N.Y. Real Prop. Law § 238-a(2) — last checked 2026-09-16.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

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