How does New York compare with other states?

Among the 31 states we have verified, 24 require less notice (3 of them none at all), 5 others use the same 14 days as New York, and none require a longer one. Among states that require a notice, the median is 7 days. New York is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged. Figures for states we have not verified yet are left out of these counts.

New York Late Rent Laws (2026): Notice, Grace & Late Fees

Q: How much notice does a landlord have to give for unpaid rent in New York?

The rule in New York (N.Y. Real Prop. Acts. Law § 711(2); N.Y. Real Prop. Law § 235-e(d)): 14-day written rent demand (pay or surrender possession); separately, a certified-mail late notice is due once rent is 5 days late. If rent is still unpaid once that period has run, the landlord can file an eviction case.

Q: Is there a grace period for late rent in New York?

Yes, for late fees: New York sets a 5-day grace period. No late fee unless rent is unpaid 5 days after the due date; cap is $50 or 5%, whichever is less (N.Y. Real Prop. Law § 238-a(2)).

Q: How much can a landlord charge as a late fee in New York?

Lesser of $50 or 5% of the monthly rent (N.Y. Real Prop. Law § 238-a(2)). No late fee unless rent is unpaid 5 days after the due date; cap is $50 or 5%, whichever is less. On a $1,500 monthly rent left entirely unpaid, that works out to $50.

Q: Can a landlord evict for late rent in New York?

Yes, for rent that remains unpaid, once the notice step is done: 14-day written rent demand (pay or surrender possession); separately, a certified-mail late notice is due once rent is 5 days late (N.Y. Real Prop. Acts. Law § 711(2); N.Y. Real Prop. Law § 235-e(d)).

Q: Does federal law change the notice for unpaid rent in New York?

It can. At "covered properties" under the federal CARES Act (generally those with a federally backed mortgage or federal subsidies), a 30-day notice to vacate for nonpayment is required in every state. Local ordinances can also be stricter than New York's statute.

The New York timeline, with dates

Here is the order of events when rent due on the 1st goes unpaid. New York's rule depends on a condition (or sets no fixed number of days), so we describe the steps rather than put a date on them.

The 1stRent is due (the example due date used throughout this page).
Not before the 6thLate fee: New York sets a 5-day grace period. No late fee unless rent is unpaid 5 days after the due date; cap is $50 or 5%, whichever is less. Whether the fee can start on that day or the next depends on how N.Y. Real Prop. Law § 238-a(2) counts days.
Notice14-day written rent demand (pay or surrender possession); separately, a certified-mail late notice is due once rent is 5 days late (N.Y. Real Prop. Acts. Law § 711(2); N.Y. Real Prop. Law § 235-e(d)). Because of that condition, we don't compute an example date.
Earliest filingOnly after the 14-day period has fully run with rent still unpaid.

The notice for unpaid rent

14-day written rent demand (pay or surrender possession); separately, a certified-mail late notice is due once rent is 5 days late. N.Y. Real Prop. Acts. Law § 711(2); N.Y. Real Prop. Law § 235-e(d)

Among the 31 states we have verified, 24 require less notice (3 of them none at all), 5 others use the same 14 days as New York, and none require a longer one. Among states that require a notice, the median is 7 days.

Late fees and the grace period

No late fee unless rent is unpaid 5 days after the due date; cap is $50 or 5%, whichever is less. N.Y. Real Prop. Law § 238-a(2)

Statutory limit: Lesser of $50 or 5% of the monthly rent.

Monthly rent	Maximum late fee
$1,000	$50
$1,500	$50
$2,500	$50

Assumes the whole month's rent is unpaid and the lease provides for a late fee.

New York is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.

What else to know in New York

Notes from our review: Failure to send the 5-day certified-mail notice is an affirmative defense. The 14-day demand must include the Good Cause Eviction Law notice (RPL § 231-c). Text read via newyork.public.law (updated Dec 2024 / Oct 2025).

Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.

New York and its neighbors

State	Notice	Grace period	Late-fee cap	Source
New York	14 days	5 days	Lesser of $50 or 5%	Verified
Connecticut	3 days	9 days	Statutory cap (see guide)	Verified
Massachusetts	14 days	30 days	No statutory cap	Verified
New Jersey	No pre-filing notice	None statewide	No statutory cap	Verified
Pennsylvania	10 days	None statewide	No statutory cap	Unverified
Vermont	14 days	None statewide	No statutory cap	Verified

Notice periods across the 31 verified states

Notice before filing	States
No pre-filing notice	3
3 days	10
5 days	3
7 days	3
10 days	5
14 days	6
No fixed number	1

Sources

Notice for unpaid rent: N.Y. Real Prop. Acts. Law § 711(2); N.Y. Real Prop. Law § 235-e(d)
Late fees and grace period: N.Y. Real Prop. Law § 238-a(2)
Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.

New York late rent laws (2026)