My rights if my rent payment is late

Late fees cannot be charged unless the payment has not been made within 5 days of the due date. Late fees cannot exceed $50 or 5% of the monthly rent, whichever is less. This requirement holds true even if your lease agreement has listed a higher late fee.

In a Summary Proceeding (eviction proceeding in court) your landlord cannot request late fees, only rent. Even if late fees are listed as “additional rent” in your lease they cannot be sought. 

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