How the check works
New York sets two limits on late rent fees, and a fee has to pass both. First, timing: a landlord cannot demand a late fee unless the rent has not been paid within five days of the date it was due. Second, amount: the fee cannot be more than $50 or 5% of the monthly rent, whichever is less. Both rules come from Real Property Law §238-a(2).
The checker counts the calendar days between your due date and the date you paid. If that number is five or less, the legal fee is $0. If it is more than five, the legal fee is the lower of $50 and 5% of your rent. Anything charged above that is an overcharge.
Worked example
Your rent is $2,400 and due on October 1. You pay on October 4 and the landlord adds a $75 late fee. October 4 is three days after the due date, which is inside the five-day window, so no fee is allowed and the full $75 should come off your ledger.
Now say you paid on October 9 instead. That is eight days late, so a fee is allowed. 5% of $2,400 is $120, which is more than $50, so the cap is $50. The landlord overcharged you $25.
The cap at different rents
The 5% figure only matters when rent is under $1,000. At $1,000 and up, the cap is always $50.
| Monthly rent | 5% of rent | Flat cap | Legal maximum |
|---|---|---|---|
| $700 | $35.00 | $50.00 | $35.00 |
| $900 | $45.00 | $50.00 | $45.00 |
| $1,000 | $50.00 | $50.00 | $50.00 |
| $1,500 | $75.00 | $50.00 | $50.00 |
| $2,400 | $120.00 | $50.00 | $50.00 |
| $4,000 | $200.00 | $50.00 | $50.00 |
Edge cases
- Your lease says more. A $100 or 10% late fee in a lease does not change the cap. That part of the clause is void under §238-a(3).
- Bounced checks. A returned-check fee is a separate charge that is allowed only if your lease provides for it, and it is limited by §238-a(2-a).
- Co-op shareholders. Many co-ops may charge shareholders up to 8% of monthly maintenance if the proprietary lease allows it. This tool is for renters.
- Rent is still due on the due date. The five days protect you from a fee. They do not move the due date, and a landlord can still send a rent demand if rent stays unpaid. See what a 14-day rent demand means.
What to do next
Ask your landlord in writing to remove the overcharge. The checker writes a short message you can copy. Keep proof of when you paid, such as a bank record or a rent receipt. For the wider rules, read late rent fees in New York, and check move-in charges with the NYC move-in cost calculator. If an unpaid fee ends up in a Housing Court case, read about free lawyers for NYC tenants.