Short answer: New York late fee laws let a landlord charge a late fee only if rent is still unpaid more than five days after it is due, and the fee cannot exceed $50 or 5 percent of the monthly rent, whichever is less (N.Y. Real Prop. Law § 238-a(2)). A landlord also cannot evict you in a nonpayment case for an unpaid late fee, because only rent can be sought in that proceeding (RPAPL § 702).
Both rules are state law, so they apply from Manhattan to Plattsburgh, whether or not your unit is rent stabilized. In practice, most New York tenants face a hard ceiling of $50, since 5 percent of any rent above $1,000 is more than $50. Manufactured home lot renters have their own, even lower formula.
New York late fee laws in a table
| Rule | New York | Statute |
|---|---|---|
| Grace period | No fee unless rent is unpaid more than 5 days after the due date | RPL § 238-a(2) |
| Maximum late fee | Lesser of $50 or 5% of monthly rent | RPL § 238-a(2) |
| Lease waivers of these limits | Void as against public policy | RPL § 238-a(3) |
| Bounced-check fee | Only if the lease provides for it; capped | RPL § 238-a(2-a) |
| Late fees in a nonpayment eviction | Not recoverable; only rent may be sought | RPAPL § 702 |
| Rent demand before filing | At least 14 days’ written notice | RPAPL § 711(2) |
| Manufactured home lots | 10-day grace; max 3% of the delinquent payment; no compounding | RPL § 233(r) |
The five-day rule and the $50-or-5% cap
RPL § 238-a(2) bars any “payment, fee, or charge for the late payment of rent” unless the rent remains unpaid more than five days after its due date. If rent is due on the 1st, a payment on the 6th is still inside the window. The New York Attorney General’s Residential Tenants’ Rights Guide puts it simply: a payment is late only if “received more than five days after it is due.”
The same subdivision caps the fee at the lesser of $50 or 5 percent of the monthly rent. The crossover point is $1,000 in rent:
- Rent of $700: 5% is $35, so the cap is $35.
- Rent of $1,000: 5% is $50, so the cap is $50.
- Rent of $2,800: 5% is $140, but the cap is still $50.
Daily fees and fees on fees
The cap is written per late payment of rent, not per day. A lease that charges $10 a day after the 5th cannot push the total for that month’s late rent past the $50-or-5% ceiling. Under § 238-a(3), any lease term that waives or limits these protections is void as against public policy, so signing a lease with a higher fee does not make it collectible.
Other fees the same statute restricts
Section 238-a is broader than late fees. Subdivision 1 bans most application and move-in fees, allowing only fees required by law and a background and credit check charge capped at the lesser of actual cost or $20. Subdivision 2-a allows a fee for a dishonored rent check only if the lease provides for it, limited to the greater of actual costs or the amount set by General Obligations Law § 5-328(3).
If your landlord bills a “processing fee” each month or an “administrative fee” when rent comes in late, compare it against these limits. A relabeled late fee is still a fee for late payment.
Late fees cannot get you evicted in a nonpayment case
This is New York’s strongest late-fee rule. RPAPL § 702 defines rent in a residential summary proceeding as “the monthly or weekly amount charged in consideration for the use and occupation of a dwelling.” It then says “no fees, charges or penalties other than rent may be sought” in that proceeding, “notwithstanding any language to the contrary in any lease.” Calling a late fee “additional rent” in the lease does not change the result.
The Attorney General’s guide confirms it: “You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other ‘added’ fee).” A landlord can still try to collect a lawful late fee in a separate money claim, but not by threatening your home in housing court. The section has a narrow exception for co-op shareholders whose proprietary lease makes such charges recoverable.
The 14-day rent demand
Before a nonpayment case can be filed, RPAPL § 711(2) requires a written rent demand giving at least fourteen days’ notice, requiring payment of the rent or possession of the premises. The demand must also include the notice required by RPL § 231-c, stating whether the unit is covered by the Good Cause Eviction Law. A demand that lumps late fees into the amount due is worth showing to a lawyer or the court, since only rent can be sought in the case.
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Manufactured home parks: 10 days and 3 percent
If you rent a lot in a manufactured home park, RPL § 233(r) sets a separate rule. No late charge may be assessed unless a specific lease provision or park rule allows it. A payment received within ten days of its due date cannot be charged a late fee. Any late charge is limited to 3 percent of the delinquent payment, and late charges may not be compounded or treated as additional rent. On $650 lot rent, the most a park can charge is $19.50. See our mobile home park laws by state for comparisons.
Worked example: a Buffalo renter pays on the 9th
Jordan rents a Buffalo apartment for $1,350 a month, due on the 1st. The lease says rent is late after the 3rd and charges $75 plus $5 a day. Jordan pays the full $1,350 on December 9.
Under RPL § 238-a(2), no fee could attach until rent was unpaid more than five days, so the 4th and 5th are off-limits. And 5 percent of $1,350 is $67.50, so the cap is the lesser figure, $50. The lease’s $75-plus-daily formula is void to the extent it exceeds that, under § 238-a(3). If the landlord later serves a 14-day demand listing the old $75 fee, Jordan can point out that RPAPL § 702 bars fees from a nonpayment case.
How to challenge an illegal late fee in New York
- Check the payment date against the five-day rule and the amount against the $50-or-5% cap with our late fee checker.
- Write to the landlord citing RPL § 238-a(2) and (3) and request a corrected ledger.
- Pay the rent itself on time and in full; do not let a fee dispute become a rent arrears.
- If you get a rent demand or court papers that include fees, raise RPAPL § 702 in your answer.
- New York City renters can find local resources in our New York City tenant rights guide.
Frequently Asked Questions
What is the maximum late fee in New York State?
$50 or 5 percent of your monthly rent, whichever is less, under RPL § 238-a(2). For any rent of $1,000 or more, that means $50.
When can a New York landlord charge a late fee?
Only when rent is still unpaid more than five days after the due date. Rent due on the 1st and paid on the 5th or 6th cannot draw a fee.
Can a New York housing court evict me over an unpaid late fee?
Not in a nonpayment proceeding. RPAPL § 702 says only rent may be sought there, notwithstanding any lease language, and the Attorney General’s guide says the same.
My lease says the late fee is $100. Is that enforceable?
Not above the statutory cap. RPL § 238-a(3) makes any lease term that waives or limits these protections void as against public policy.
Do these rules apply to manufactured home lots?
Lots follow RPL § 233(r): a 10-day grace period, a 3 percent cap on the delinquent payment, and no compounding.
This guide is general information, not legal advice. For free help, use LSC’s legal aid finder. If a late fee over $50 is on your ledger right now, send your landlord a short letter citing RPL § 238-a and keep a copy. More states: late fee laws by state. Deposits: New York security deposit law.