Renting & housing · Calculator
Rent late fee calculator: the most a New York landlord can charge
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
A New York landlord may charge a late fee only if rent hasn't been paid within 5 days of the due date, and the fee can't be more than $50 or 5% of the monthly rent — whichever is less (Real Property Law § 238-a(2)). Enter your rent, how many days late, and the fee charged.
Read on for the details, the exceptions and the sources.
How we calculate
- 5% of your monthly rent is compared with the $50 cap; the lower amount is the most the landlord may charge.
- No fee is allowed unless the rent was not paid within 5 days of the date it was due.
- The fee you were charged is compared with that limit.
What the calculation leaves out
- Co-op maintenance fees, where a proprietary lease may allow up to 8% for shareholders.
- Fees for bounced rent checks, which § 238-a(2-a) handles separately.
- Commercial leases.
What to do with the result
- If you were overcharged, ask the landlord in writing to remove the excess fee, citing Real Property Law § 238-a.
- Keep the rent ledger or statement that shows the fee.
- A landlord can't evict you for an unlawful fee; if it's added to a court case, raise it.
Calculator
How we calculated
| Monthly rent | $2,500.00 |
|---|---|
| 5% of the rent | $125.00 |
| Fixed cap | $50.00 |
| The lower of the two | $50.00 |
| Days late | 7 — more than 5 days, a fee may be charged |
- The rule applies to residential apartments in New York State.
- Some co-ops may charge shareholders up to 8% of the monthly maintenance fee if the proprietary lease allows it.
- A landlord can't add a fee for a bounced rent check except as § 238-a(2-a) allows.
Frequently asked questions
My lease says the late fee is $100. Doesn't the lease control?
No. The cap in Real Property Law § 238-a applies regardless of what the lease says for residential apartments.
Can the landlord charge a late fee on day 3?
No. A late fee is allowed only if the rent hasn't been paid within five days of the due date.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. Real Property Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 238-a(2), (2-a) · Checked: October 30, 2026Late fee timing and cap; bounced checks
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.