Charging and Collecting Late Fees for Rent
A landlord may impose a late fee on rent if the original lease authorizes the collection of late fees; however, a tenant cannot be evicted from his/her apartment simply for not paying these late fees.If the lease does not include such a clause, it cannot be charged. Most standard lease agreements contain a provision that states when the rent is due and the fee that will be imposed if the payment is not made on time. Please note: Landlords cannot charge a late fee if rent is paid 5 days or less after the rent is due. Late fees cannot be larger than $50.00 or 5% of monthly rent, whichever is lower. The DHCR has generally considered a late fee to be reasonable if it is five percent (5%) of the monthly rent.
The attorneys and staff at James G. Dibbini & Associates, P.C. have over 20 years of experience representing clients in landlord-tenant proceedings. We can inform you of your rights; make sure you are in compliance with the law; and help protect your property interests. If you have any questions, please give us a call at (914) 965-1011 or contact us by email at jdibbini@dibbinilaw.com.
The attorneys and staff at James G. Dibbini & Associates, P.C. have over 20 years of experience representing clients in landlord-tenant proceedings. We can inform you of your rights; make sure you are in compliance with the law; and help protect your property interests. If you have any questions, please give us a call at (914) 965-1011 or contact us by email at jdibbini@dibbinilaw.com.