You may find yourself in a situation where you cannot pay your entire rental payment in full, or make any payment at all. In this section, you will find information about when rent is considered “late,” as well as some options and resources for potential assistance.
Under New York State law, rent is not considered late if it is paid within five days of when it is due. Therefore, if your rent is due on the 1st of the month, it is not considered late until after the 6th of the month. If your rent payment is late, a landlord must provide a tenant with a written notice by certified mail. Please refer to New York Real Property Law Section 235-e.
Most lease agreements include fees for late rent payments. Late fees charged per month cannot exceed $50 or 5% of the monthly rent, whichever is less. These rights cannot be waived — they still apply if your lease says otherwise, or if you don’t have a lease. Please refer to New York Real Property Law Section 238-a.
In general, when you can’t make your full rent payment when it is due or if you believe you will have ongoing difficulty paying your rent, it is best to be proactive. You may want to reach out to local organizations for financial or other assistance. You can contact the Human Services Coalition of Tompkins County (HSCTC) 211 Housing Specialists by dialing either 211 or 1 (887) 211-8667 for information about local programs and resources.
If you are in a situation where you will only have trouble paying rent for a short period of time, you may want to reach out to your landlord to see if there are any options available. Some landlords may agree to waive the rent or a portion of it, but that is unlikely. It is more likely for your landlord to offer you a payment plan. When discussing a payment plan with your landlord, make sure it is a plan you will be able to afford. If you do make a payment plan with your landlord, it is best to make the payment plan in writing, and have it signed by you and your landlord. Ensure you keep copies documenting all payments made to your landlord.
If your landlord threatens to evict you for nonpayment of rent, please see our Eviction Proceedings section to know your rights and options.
This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.
