Does New York require a grace period for late fees?

Yes, New York law requires a 5-day grace period (N.Y. Real Prop. Law § 238-a(2) (HSTPA 2019)). No late fee can be charged during this period.

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New York Late Fee Calculator

Q: What is the maximum late fee in New York?

The statutory maximum late fee in New York is $50.00 on a rent of $1,500.00 — the lesser of $50.00 or 5% of the monthly rent (N.Y. Real Prop. Law § 238-a(2) (HSTPA 2019)). 5-day grace period. Cap: the LESSER of $50 or 5% of the monthly rent. The fee must be in the lease.

Calculate the maximum late fee you can legally charge in New York. Check grace periods, fee caps, and compliance with New York state law.

State

Monthly Rent

Days Late

Your Proposed Fee

Your Late Fee

$50.00

Over Limit

Your proposed fee of $75.00 exceeds New York's statutory maximum of $50.00 (the lesser of $50.00 or 5% of the monthly rent). The notice will use $50.00.

Rent + Fee

$1,550.00

Grace Period

5 days (required)

Statutory Maximum in New York

$50.00

New York Late Fee Law

Grace period: 5 days (required by law)

Fee cap: $50.00 — the lesser of $50.00 or 5% of the monthly rent

Daily fees: Not typical

Statute: N.Y. Real Prop. Law § 238-a(2) (HSTPA 2019)

5-day grace period. Cap: the LESSER of $50 or 5% of the monthly rent. The fee must be in the lease.

Laws change quietly. Colorado rewrote its late-fee rules in 2021, Connecticut in 2023. Get an email when New York changes its rules — and what to update in your lease.

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Your proposed fee exceeds what New York allows — the notice below uses the compliant amount of $50.00.

Next Step

Generate the late fee notice

Turn this calculation into a printable, New York-compliant notice you can send to your tenant today — with the statute reference included.

Your Name (Landlord)

Tenant Name

Property Address

Rent Due Date

Fill in the four fields above to generate your notice.

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New York Late Fee Rules for Landlords

New York requires a 5-day grace period before any late fee can be charged (N.Y. Real Prop. Law § 238-a(2) (HSTPA 2019)). The late fee is capped by statute at the lesser of $50.00 or 5% of the monthly rent (N.Y. Real Prop. Law § 238-a(2) (HSTPA 2019)).

Use the calculator above to check if your proposed late fee complies with New York law. Need more tools? Check the New York security deposit calculator, or try our prorated rent calculator and rent estimate tool.

For a complete guide to New York landlord-tenant law, read our New York Landlord-Tenant Law 2026 guide.