What Should Renters Know About Rent Grace Periods Under NY Law?

If you always make an effort to pay rent on time, you shouldn’t have to worry about eviction just because you are late one time. That is why New York has rent grace periods. Your landlord needs to abide by them and follow other rules before they try to evict you. If they do anything illegal, a New York City rent dispute lawyer from our firm can help you respond.

Are There Rent Grace Periods in NY?

There are rent grace periods established by New York law. You have five days to pay your rent if you do not do that by the first of the month. That gives many people time to make a payment even if they have encountered some kind of unexpected financial hardship.

A landlord is not supposed to harass you for the rent during this period. They are not supposed to take legal action against you. You have those five days to pay in full.

Can Landlords Charge Late Fees During Rent Grace Periods?

No, you cannot be charged a late fee if you manage to pay during those five days that make up the grace period. They must wait until after the grace period expires and there are additional rules to file about how much they can charge.

Landlords can charge a late fee of up to $50 or five percent of the rent. This fee needs to be clearly outlined in the lease agreement. They cannot just charge whatever they want to because your rent payment is late.

What Happens After Rent Grace Periods Expire?

The first thing that happens is that the landlord is now able to charge you a late fee. They can also send you written notice that you have missed the rent payment. This makes things official.

Unfortunately, this can give a landlord the opportunity to start eviction proceedings. Landlords that give rent grace periods and written notices are following the law, so they have the right to evict tenants who do not pay. If your landlord has taken illegal actions, like changing the locks, then you will want to speak to a lawyer. Otherwise, you should make some arrangements to pay.

What If I’m Withholding Rent?

If you are able to pay the rent but refuse to, that is a different situation. Tenants can withhold rent in some situations. If your landlord is not making repairs, providing you with hot water, or dealing with a pest infestation, then you may be able to withhold rent. You should talk to a lawyer first though.

Schedule Your Consultation

If you need the services of a tenants’ rights lawyer, contact Robert Rosenblatt & Associates. We can schedule a consultation and tell you more about what our attorneys can do to help you address arguments and disputes with your landlord.