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Late fee rules in New York

In New York, the late fee is at most $50 or 5% of the monthly rent, whichever is less. In New York, a late fee is allowed only if rent is still unpaid 5 days after it was due, so the first fee is on the 7th.

Checked against New York law on Oct 28, 2026.

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What New York law says

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

In New York, the late fee is at most $50 or 5% of the monthly rent, whichever is less.

Source: N.Y. Real Prop. Law § 238-a(2), read Oct 28, 2026.

When can a landlord charge a late fee in New York?

In New York, a late fee is allowed only if rent is still unpaid 5 days after it was due, so the first fee is on the 7th.

Source: N.Y. Real Prop. Law § 238-a(2), read Oct 28, 2026.

Check your city's rules too: a city or county can set stricter limits. This is general information, not legal advice.

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