New York Rent Late Fee & Grace Period Calculator
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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.
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) ↗ |
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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).
Brooklyn Apartment Overcharged Late Fee
$2,800
Day 8
$140
$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.