NY · Renter law
How much can a landlord charge for a late fee in New York?
Since 2019, New York has one of the tightest late-fee rules in the country: a hard dollar ceiling, a mandatory grace period, and a one-time-only limit. Yet leases across the state still print “$100 after the 3rd.” Here’s the real cap — and why, above $1,000 rent, it’s always just $50.
Updated July 15, 2026 · 6 min read
The short answer
The most a New York landlord can charge is $50 or 5% of the monthly rent, whichever is less, and no late fee can be charged until rent is a full five days late (N.Y. Real Prop. Law § 238-a). Because it’s “whichever is less,” the $50 ceiling controls for any rent of $1,000 or more — a $3,000 apartment still caps at $50. The fee has to be written in the lease, it can only be charged once per late payment (no daily or compounding fees), and a landlord cannot evict you for unpaid late fees alone.
The $50-or-5% cap, and why $50 usually wins
New York’s 2019 Housing Stability and Tenant Protection Act put a hard number on late fees for the first time, and it’s stricter than most renters — and plenty of landlords — realize.
The phrase doing the heavy lifting is whichever is less. Five percent only governs when it comes out under $50 — which means only for rent below $1,000. At $1,000 rent, 5% is exactly $50; above that, the flat $50 ceiling takes over and never moves. So a $1,500 apartment and a $4,000 apartment have the same maximum late fee: fifty dollars.
New York late-fee calculator
Enter your rent to see your exact cap and which prong — the $50 ceiling or the 5% figure — controls, then check it against what your landlord charges. Nothing you type leaves your browser.
The five-day grace period
No late fee is lawful until rent is a full five days late. Rent due on the 1st means the 2nd through the 6th must pass before any fee can attach. Here’s the clause that gets it wrong, printed in leases all over the state:
“A late charge of $100 will be added if rent is not received by the 3rd of the month, plus $10 for each additional day.”
That single sentence breaks § 238-a three separate ways: the amount ($100 is double the cap), the timing (the 3rd is too early), and the structure (per-day accrual isn’t allowed). Signing the lease doesn’t rescue any of it — a term that violates the statute is unenforceable no matter what you agreed to.
One fee per late payment — no daily accrual
The cap is a one-time charge, not a running meter. A landlord can’t stack an initial fee plus a daily fee, can’t compound it, and can’t re-charge it every few days until you pay. One late payment, one fee of $50 or 5% — whichever is less — and that’s the ceiling for that month.
They can’t evict you over late fees alone
This is the part that changes the leverage. Late fees aren’t rent, so they can’t be dropped into a 14-day nonpayment demand, and a nonpayment case can’t be built on them. If you’ve paid your actual rent and are only disputing an unlawful fee, your tenancy isn’t on the line — which makes declining an over-cap fee far safer in New York than renters assume.
What to do about an over-cap fee
- Run the number. If your rent is $1,000 or more, anything above $50 is over the cap. Under $1,000, the limit is 5% of your rent.
- Decline in writing, cite § 238-a, and keep paying rent on time. Note that the fee — not the rent — is what you’re disputing.
- Watch the deposit. An unlawful fee can’t be quietly moved into your move-out deductions either — here’s what a landlord can and can’t take from your deposit.
- For the deposit rules themselves, see our New York security deposit guide — the same 2019 law caps deposits at one month and forces a 14-day itemized return.
Questions renters ask
What is the maximum late fee a landlord can charge in New York?
Fifty dollars, or 5% of your monthly rent, whichever is less. Since it’s the lower of the two, any rent of $1,000 or more caps at a flat $50 — 5% of $2,500 would be $125, but the $50 ceiling wins. Only rent under $1,000 lands below $50 (for example, 5% of $900 is $45).
When is rent officially “late enough” to be charged a fee in New York?
A late fee can’t be charged until the rent is five days late. If rent is due on the 1st, no fee may attach until the 6th at the earliest. A lease that charges a fee “after the 3rd” violates § 238-a on timing, regardless of what you signed.
Can a New York landlord charge a daily late fee?
No. Section 238-a allows a single late fee per late payment. Daily late fees, compounding fees, or a flat fee plus a per-day charge all exceed what the statute permits — the cap is $50 (or 5%) total, once, not per day.
Can I be evicted for not paying late fees?
No. A landlord cannot include unpaid late fees in a 14-day rent demand and cannot bring a nonpayment eviction based on late fees. Those charges aren’t “rent,” so refusing an unlawful late fee doesn’t put your tenancy at risk — pay the rent itself and dispute the fee separately.
Does the $50 / 5% cap apply in NYC and rent-stabilized apartments?
The § 238-a cap is New York State law and applies statewide, including all five boroughs. Rent-stabilized tenancies have additional protections layered on top, but the late-fee ceiling is at least this strict everywhere in the state.
Sources & statutes
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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.