What is the maximum late fee in New York?

Under Real Property Law § 238-a, the maximum late fee is the lesser of 5% of rent or $50. Any lease clause charging more than this amount is void and unenforceable.

How many days grace period before a late fee in New York?

New York law requires a 5-day grace period. Your landlord cannot charge a late fee until 5 days after the due date, regardless of what your lease says.

Can I get my money back if my landlord overcharged a late fee?

Yes. Under Real Property Law § 238-a, overcharged late fees are void and unenforceable. You may demand a refund or offset the amount against future rent.

NY • Verified 2026 Data

New York Late Fee Calculator for Rent

Use this free New York late fee calculator to check if your landlord's charge is legal. Many landlords exceed the limit set by Real Property Law § 238-a — find out in seconds.

Real Property Law § 238-a 5-day grace period Max: the lesser of 5% of rent or $50

Google AdSense: Adaptive Banner

Rent & Payment Dates

Enter your rent amount and the dates involved to check if the late fee is legal.

Monthly Rent

Rent Due Date

Date You Paid (or plan to pay)

Rent Late Fee Laws in New York

Rent & Dates

Enter your rent amount, the due date, and when you actually paid.

Landlord's Fee

Tell us how much your landlord is trying to charge as a late fee.

Legal Analysis

We compare the fee to the legal maximum and detect any overcharge.

New York Late Fee Rules

⏱

Grace Period 5 days after the due date. No fee can be charged before this window expires.

Maximum Fee The fee cannot exceed the lesser of 5% of rent or $50.

↩

Overcharge Recovery Any late fee exceeding the legal limit is void. You may recover overcharged amounts.

Legal basis: Real Property Law § 238-a. Last verified: 2026-05-25.

Key Details for New York

Late fee cannot exceed the lesser of $50 or 5% of the monthly rent

Landlord must wait at least 5 days after the due date before charging a late fee

The grace period applies to all residential leases regardless of what the lease says

Any late fee clause exceeding these limits is void and unenforceable

Tenants may recover overcharged late fees in court

New York law prohibits daily-accruing or compounding late fees — landlords may only charge a single, one-time flat fee per late payment instance. If your lease imposes a per-day rate (e.g., "$10 per day late") that exceeds the $50/5% cap when totaled, or compounds daily, this is also a violation of RPL § 238-a.

How New York Late Fees Work

New York regulates late fees under Real Property Law § 238-a, giving tenants meaningful protection against excessive charges. The law imposes a two-part cap: the maximum late fee is the lesser of $50 or 5% of the monthly rent. This means even if 5% of your rent would exceed $50, the landlord can never charge more than $50 — and if 5% of your rent is less than $50, the fee is capped at that lower amount.

Before any late fee can be charged, a mandatory 5-day grace period must pass. This means your landlord cannot impose a late fee until the rent is at least 6 days overdue. For example, if rent is due on the 1st, the earliest a late fee can apply is the 6th. Any lease provision attempting to shorten or eliminate this grace period is void under the statute.

New York explicitly prohibits fee pyramiding — a practice where landlords stack additional late fees on top of unpaid late fees from prior months. If you are charged a late fee that exceeds the statutory cap, you have the right to recover the overcharge. The combination of the lesser-of cap, the grace period, and the anti-pyramiding rule makes New York one of the more protective states for tenants facing late rent situations.

Example: NY Late Fee Calculation

Your monthly rent is $1,200 and you pay 8 days after the due date.

→ Grace period check: 8 days late > 5-day grace period → fee applies

→ Calculate 5% of rent: $1,200 × 0.05 = $60

→ Compare to $50 flat cap: $60 vs. $50

→ Fee is the lesser of the two: $50

Your maximum late fee is $50 — not $60 — because New York caps the fee at the lesser of 5% of rent or $50. Even though 5% of $1,200 is $60, the $50 flat cap takes precedence. If your landlord charges more than $50, you can recover the overcharge.

Frequently Asked Questions

How long is the grace period for late rent in New York? ▼

New York provides a mandatory 5-day grace period under Real Property Law § 238-a. Your landlord cannot charge a late fee until the rent is at least 6 days overdue. If your rent is due on the 1st, the earliest a fee can apply is the 6th. Any lease clause that attempts to shorten or eliminate this grace period is unenforceable. If your landlord charges a late fee before the grace period expires, that charge is illegal and you can recover the overcharge.

What is the maximum late fee a landlord can charge in New York? ▼

The maximum is the lesser of $50 or 5% of the monthly rent. This means for rents of $1,000 or more, the cap is always $50 (since 5% of $1,000 = $50). For rents below $1,000, the cap is 5% of rent. For example, on $800 rent, the maximum fee is $40 (5% × $800), not $50. This dual cap under Real Property Law § 238-a ensures the fee stays proportional to lower rents while never exceeding $50 for higher rents.

Can late fees compound or pyramid in New York? ▼

No. New York explicitly prohibits fee pyramiding — the practice of stacking additional late fees on top of unpaid late fees from previous months. Each month's late fee is a standalone charge based solely on that month's rent. Your landlord cannot add last month's unpaid late fee to this month's rent balance and then charge a late fee on the combined amount.

Can I recover an overcharge if my landlord charged more than the legal late fee in New York? ▼

Yes. Under Real Property Law § 238-a, tenants can recover late fee overcharges. If your landlord charged you $75 on $1,200 rent, the legal maximum was $50 (the lesser of $50 or 5%). You are entitled to recover the $25 overcharge. Document every late fee charged, compare it against the statutory cap, and send a written demand citing the statute before pursuing court action if necessary.