Landlords: tenants cannot be evicted based on not paying late fees

Many legacy leases contain language that will no longer hold up in a New York landlord-tenant court. A lot of this falls under the phrase “added rent,” a term that used to make it possible to secure a larger judgment during an eviction proceeding, but that won’t work since new tenant protections were passed in 2019.

Late fees were also weakened by this law. It might be perfectly legal to charge your tenant a late fee, but you cannot evict someone for not paying a late fee. If the tenant is current on the rent, but owes hundreds or even thousands of dollars in late fees, an eviction is not legal in New York under current law. Only the base rent counts for non-payment evictions.

There are other reasons to get a tenant out, but if you’re looking to end this relationship early, it’s a good idea to consult with an attorney before having that conversation. The last thing a stressed-out landlord wants is to be accused of conducting an illegal, self-help eviction. In a few Hudson Valley cities, including Kingston, New York, tenants now have the right to a renewal of their lease (with a few limited exceptions) as long as they pay the rent on time and follow the rules.