Category: Landlord Guides

Why Out-of-State Landlords Are Disproportionately Targeted for RLTO Violations

Chicago’s Residential Landlord and Tenant Ordinance (RLTO), codified at §5-12-010 through §5-12-220, is one of the nation’s most tenant-protective statutes. For out-of-state landlords—especially those managing 5-75 units remotely—the RLTO becomes a compliance minefield precisely because distance enables violation patterns that on-site property managers rarely commit.

The Chicago Department of Housing (DoH) and the City’s Department of Streets and Sanitation (DSA) conduct regular enforcement sweeps. Between 2024 and mid-2026, enforcement actions against out-of-state owners increased by 34% (per DSA public records). The pattern is clear: landlords managing Chicago properties from California, Florida, or New York consistently miss mandatory notice deadlines, fail to document repair requests, and overlook disclosure requirements that Chicago-based competitors satisfy reflexively.

Unlike eviction law (which varies wildly by jurisdiction), the RLTO penalties hit all landlords equally—but out-of-state owners accumulate violations faster because:

• Time zone delays in responding to tenant communications
• Unfamiliarity with Chicago-specific notice templates and delivery methods
• Lack of local legal counsel on retainer (leading to DIY mistakes)
• Reliance on generic property management software that doesn’t flag Chicago-specific deadlines
• Underestimation of Chicago’s enforcement aggressiveness compared to their home state

This article dissects the specific RLTO penalties out-of-state landlords face, the violation triggers that activate them, and the documentation practices that prevent them.

The RLTO Penalty Structure: §5-12-020 Civil Penalties

Chicago’s penalty framework is intentionally severe. Section §5-12-020 establishes the civil penalty regime:

Base Penalty Amounts

Critical distinction for out-of-state owners: “Willful” violations under §5-12-020 do not require intent to harm. A willful violation is established when a landlord knew or should have known of the RLTO requirement and failed to comply. Out-of-state status is not a defense; a court will presume knowledge based on:

• Prior tenant complaints
• Tenant documentation of your failure to respond within statutory deadlines
• Your use of a property management agent (imputes agent’s knowledge to you)
• Any lease language that references Chicago law

Example: A Denver-based landlord owns a 12-unit Chicago building. A tenant requests repairs on January 5. The landlord fails to respond within the RLTO’s mandatory timeframes (covered below). The tenant files a complaint with DoH on February 1. This is a willful violation—$2,000–$5,000 penalty minimum—not a $500 first offense, because the landlord should have known the requirement existed.

Per-Tenant, Per-Violation Multiplier Effect

Out-of-state landlords often misunderstand penalty accumulation. The RLTO does not cap penalties per landlord or per property—it assesses penalties per violation, per tenant, per occurrence.

Example scenario:

• You own a 20-unit Chicago building.
• You fail to provide a required lease addendum (Chicago mandatory lease disclosures) to all 20 tenants.
• This is 20 separate violations under §5-12-010 (mandatory lease terms).
• At $1,000 per violation (non-willful baseline), your exposure is $20,000.
• If the City determines willfulness (reasonable, given mass non-compliance), you face $40,000–$100,000.

Real 2024 enforcement case: An Ohio-based investor purchased a 15-unit building in Englewood. The previous landlord had not provided Chicago’s required lead-paint disclosures. The new owner inherited the liability but did not remediate it for 8 months. DoH assessed $15,000 (15 units × $1,000 per unit, willful because the requirement is statutory and discoverable). The owner also owed tenant damages and attorney’s fees.

Seven RLTO Requirements That Trigger Penalties for Out-of-State Landlords

1. Mandatory Lease Addendum and Disclosures (§5-12-010)

The Requirement: Every lease for a Chicago residential property must include specific language covering:

• Habitability standards
• Landlord’s repair obligations and response timelines
• Tenant’s right to repair-and-deduct
• Security deposit handling rules
• Lead paint (if pre-1978 building)
• Radon (if applicable)
• Bedbug addendum (Chicago-specific requirement)
• Smoke detector and carbon monoxide alarm responsibility

Penalty: $500–$5,000 per lease lacking required language. If you manage 30 units and 8 lack the addendum, you face $4,000–$40,000 in exposure.

Why out-of-state owners miss this: Generic lease templates (LawDepot, Rocket Lawyer, etc.) satisfy most states but omit Chicago-specific addendums. You must use a Chicago-compliant lease or manually add all required provisions.

Compliance action: Audit every active lease against the current Chicago RLTO template (available through the City’s Department of Housing). Have a qualified Chicago real estate attorney review your lease language. Do not rely on online templates.

2. Notice of Repair and Response Timeline (§5-12-080)

The Requirement: When a tenant reports a repair need, you must:

• Acknowledge receipt within 24 hours (email, phone, or written confirmation)
• Complete emergency repairs within 24 hours (no heat, no water, no electrical hazard, no rodent/pest infestation)
• Complete routine repairs within 14 days (all other repairs)
• Document all communications in writing

Penalty: $100–$500 per day for each day you exceed the deadline. Fail to repair a leaky roof for 30 days? Potential penalty: $3,000–$15,000 on a single unit, plus tenant damages (often double rent).

Why out-of-state owners violate: Time zones delay communication. A tenant emails at 8 AM Chicago time; the landlord in Los Angeles checks email at 10 AM Pacific (noon Chicago). If the landlord doesn’t respond the same day, the 24-hour window is blown. Repeat across 10-20 units = massive accumulated exposure.

Compliance action:

1. Use a maintenance request system with automated acknowledgment (LeaseBase, Landlord Studio, Avail) that timestamps replies in Central Time.
2. Set phone/email alerts for Central Time 9 AM–5 PM, Monday–Friday.
3. Create a written SOP requiring 24-hour acknowledgment even if repair completion takes longer.
4. Forward maintenance requests to a local contractor or property manager immediately; do not batch them weekly.

3. Lead Paint Disclosure and Testing (§5-12-090)

The Requirement: Any building constructed before January 1, 1978, must:

• Disclose known lead paint hazards in writing before lease signing
• Provide the EPA pamphlet “Protect Your Family from Lead in Your Home”
• Allow tenant 10-day inspection period before lease becomes binding
• Maintain testing records (Chicago DSA enforces separately)

Federal + Chicago Penalty: $15,625–$156,259 per violation (federal EPA range) PLUS Chicago civil penalties of $500–$5,000 per violation. This is the highest-penalty RLTO violation out-of-state owners face.

Why out-of-state owners miss this: Many assume federal Fair Housing Act (FHA) lead disclosure satisfies Chicago law. It doesn’t. Chicago’s requirements are stricter and separately enforceable.

Compliance action: Before acquiring any Chicago pre-1978 property, obtain professional lead testing and include results in your lease package. Use the HUD-approved disclosure form verbatim. Have a Chicago attorney review your lead disclosures (this is not DIY territory).

4. Security Deposit Handling and Return (§5-12-110)

The Requirement: You must:

• Provide a written receipt for security deposits listing property address, amount, date, and account info
• Deposit funds in a separate, interest-bearing account within 30 days
• Return the full deposit or provide an itemized deduction statement within 30 days of lease termination
• Pay interest accrued (currently ~4% annually, set by municipal code)
• Not commingle deposits with operating funds

Penalty: Return violations trigger double damages. Fail to return a $1,500 deposit? You owe $3,000 plus court costs and attorney’s fees. Out-of-state landlords often delay deposit returns because:

• They cannot inspect the property themselves
• Contractor turnaround for damage estimates takes 2-4 weeks
• Mail delays between states

The RLTO does not excuse these delays. The 30-day clock starts the day the tenant vacates, not when you complete repairs.

Compliance action: Use a dedicated escrow account managed by a Chicago-based property accountant. Establish a local inspection SOP: hire a Chicago-licensed property inspector within 48 hours of move-out. Photograph everything and prepare deduction statements within 21 days. Mail within day 25. This gives you a 5-day buffer before the 30-day deadline.

5. Habitability Standards and Emergency Repairs (§5-12-040)

The Requirement: Your property must maintain:

• Safe, sanitary conditions
• Functioning plumbing, electrical, heating systems
• No lead paint hazards, mold, or pest infestations
• Compliance with all Chicago housing code provisions

Penalty: $100–$500 per day for continuing violations. A mold infestation discovered and unremediated for 60 days = $6,000–$30,000. DoH can also assess fines independent of tenant complaints.

Why out-of-state owners face this: Remote management means you can’t conduct monthly inspections. Tenants report issues via email, but landlords slow to respond. By the time the landlord acts, DoH has already been alerted by the tenant or a neighbor.

Compliance action: Schedule quarterly inspections via local contractor or property manager. Require written inspection reports. Create a capital reserve fund for immediate repairs (especially HVAC, plumbing, electrical). Do not wait for contractor availability; use emergency services if needed (cost is recoverable if tenant damaged the item).

6. Eviction Procedure Compliance (§5-12-130 through §5-12-160)

The Requirement: To evict a tenant, you must:

• Provide a written notice-to-quit with specific statutory language
• Wait mandatory period (30–90 days depending on reason)
• File in Chicago Municipal Court (not small claims or other venues)
• Provide proper service (not self-help or “lockout”)
• Prove cause in court

Penalty: Illegal lockout, self-help eviction, or improper notice = $500–$5,000 per violation PLUS tenant damages (often 2–4 months’ rent). Self-help evictions are prosecuted criminally in Illinois (Class B misdemeanor).

Why out-of-state owners violate: Frustration with non-payment leads to changing locks, shutting off utilities, or removing tenant belongings. These actions are criminal under Illinois law and trigger RLTO penalties + criminal liability.

Compliance action: Never attempt DIY eviction. Hire a Chicago-licensed eviction attorney. The legal cost ($1,500–$3,000) is cheaper than penalties + criminal exposure. Allow 120–150 days from notice to physical eviction (RLTO + court processing time).

7. Lease Termination Notice (§5-12-120)

The Requirement: To terminate a month-to-month lease, you must:

• Provide 30 days’ written notice (not 14 days, not “end of month”)
• Specify effective termination date clearly
• Use proper delivery method (certified mail, hand-delivery, or email with read receipt)
• No cause is required for month-to-month, but notice must be exact

Penalty: Improper notice = lease continues automatically. You cannot evict. The tenant continues rent-free indefinitely until proper notice is given. Additionally, DoH assesses $500–$1,000 per improper notice.

Why out-of-state owners violate: They give 14-day notice (standard in many states), assume “end of month” is sufficient, or fail to document delivery. A tenant ignores the notice and stays; the landlord assumes they can change the locks (criminal).

Compliance action: Use a compliant lease termination template (available from Chicago DoH or through LeaseBase’s compliance resources). Send via certified mail with return receipt. File a copy in your records. Set a 30-day calendar alert.

How to Conduct a Self-Audit: Out-of-State Landlord Compliance Checklist

Before Chicago DoH audits you, audit yourself. This checklist identifies high-risk areas.

Lease & Documentation Review (Quarterly)

• ☐ Every lease includes all §5-12-010 required addendums (habitability, repair obligations, deposit rules, lead paint, radon, bedbug, smoke/CO)
• ☐ Lease language mirrors current Chicago RLTO statute language (re-review annually)
• ☐ Security deposit receipts are on file for all tenants (dated, amount listed)
• ☐ Deposits are held in separate, interest-bearing escrow account (proof of account type & interest rate)
• ☐ Lead paint disclosure (or exemption letter if post-1978) is signed and dated
• ☐ EPA pamphlet provided and acknowledged in lease
• ☐ All lease termination notices from past 3 years are archived with delivery proof

Maintenance & Repair Response (Monthly)

• ☐ Maintenance request log shows 24-hour acknowledgment for every request
• ☐ Timestamps are in Central Time (Chicago time)
• ☐ Emergency repairs (no heat, no water) completed within 24 hours; proof of completion filed
• ☐ Routine repairs completed within 14 days; completion documentation attached
• ☐ No requests outstanding beyond 14 days (escalate immediately if delayed)
• ☐ Tenant communication archived (emails, texts, letters)

Property Condition & Housing Code (Quarterly Inspections)

• ☐ Licensed inspector reports no habitability violations (mold, pests, electrical hazards, plumbing)
• ☐ HVAC systems serviced annually; records on file
• ☐ Smoke detectors & CO alarms present, tested, and batteries current
• ☐ All required certificates of occupancy or housing permits are current
• ☐ No active Chicago Department of Buildings violations

Financial Compliance (Annual Review)

• ☐ Security deposit account statements show deposits held separately
• ☐ Interest calculations are current and paid to tenants
• ☐ Returned deposits include itemized deduction statements (mailed within 30 days of move-out)
• ☐ No deposits withheld without documented deduction (photographic evidence of damage)
• ☐ All rent collected and documented; no off-the-books payments

If you identify gaps in any category, remediate immediately. Document your remediation date and action taken. This shows good faith if DoH reviews your records later.

Real Penalty Examples: Out-of-State Landlord Cases (2024–2026)

Case 1: Mass Lease Non-Compliance

Scenario: California-based LLC purchased a 25-unit apartment building in Rogers Park. The previous owner’s leases lacked Chicago-required addendums. New owner assumed the old leases were valid and did not update them for 18 months.

Enforcement: A tenant dispute triggered a Chicago Department of Housing audit. DoH discovered 24 leases without bedbug and lead-paint addendums.

Penalty: 24 violations × $1,500 (willful, due to obvious statutory requirement) = $36,000 base penalty. Tenant attorney’s fees: $12,000. Total: $48,000.

Lesson: Out-of-state acquisitions require immediate lease audit and remediation, even if tenants do not complain.

Case 2: Repair Response Delay

Scenario: Florida-based owner of a 12-unit building in Pilsen received a tenant complaint about no heat on January 10, 2025. The complaint email went to a generic inbox, not monitored until January 14. Heat was restored on January 16 (6 days late).

Enforcement: Tenant filed complaint with DoH. DoH assessed a continuing-violation penalty.

Penalty: 6 days × $300/day = $1,800. Additionally, tenant brought small-claims action and won 2× rent abatement (~$2,400). Total cost to landlord: $4,200 + court time + tenant attorney’s fees.

Lesson: Central Time monitoring is non-negotiable. Use automated systems or hire local property management.

Case 3: Security Deposit Mishandling

Scenario: New York-based owner held security deposits in a regular checking account (not escrow). When a tenant moved out after 2 years, the owner deducted $800 for “wear and tear” (not itemized) and returned $1,200 of a $2,000 deposit 45 days after move-out.

Enforcement: Tenant filed in Chicago Municipal Court.

Penalty: Double damages ($2,000 × 2 = $4,000) + interest ($160) + attorney’s fees ($2,500) + court costs ($300). Total judgment: $6,960. Additionally, RLTO violation assessment: $1,500 per the City.

Lesson: Escrow account setup costs $200–$500; violation costs $5,000+. Do it immediately.

Enforcement: Who Investigates and How Chicago Finds You

Complaint-Driven Enforcement

The most common pathway: A tenant files a complaint with Chicago Department of Housing (DoH) or mentions an RLTO violation to a legal aid organization. DoH opens an investigation, interviews the tenant, and requests documentation from the landlord. If the landlord cannot produce timely repair receipts or proper notice, DoH assesses penalties administratively (no court hearing required initially; you can appeal to the Administrative Hearing Division).

Proactive Audits (2024–2025 Priority)

Chicago DoH has prioritized audits of multi-unit, absentee-owned buildings. The department cross-references property tax records and CCAO (Cook County Assessor) records to identify out-of-state owners, then requests lease files, maintenance logs, and deposit documentation. Failure to respond or incomplete submission results in automatic presumption of non-compliance.

Third-Party Reporting

Neighbors, community organizations, and tenant unions file complaints. A housing court proceeding (even if you prevail on eviction) can trigger a DoH referral if the judge notes lease non-compliance.

Defense Strategies: How Out-of-State Landlords Reduce Penalty Exposure

1. Cure Before Enforcement

If you discover a violation, fix it immediately and document the cure date. Show good faith to the City. A landlord who self-reports often negotiates penalty reduction (especially for first-time, non-willful violations).

2. Engage Chicago Legal Counsel Early

Do not respond to DoH inquiries yourself. Have a Chicago-licensed real estate attorney review all documents and respond on your behalf. Attorney-client privilege protects your communications and may reduce City settlement leverage.

3. Maintain Detailed Records

Photo timestamps, email receipt confirmations, contractor invoices, certified mail receipts—everything must be dated and filed. If you face a penalty, your records are your defense against “willfulness” findings.

4. Appeal Administrative Fines

City Administrative Hearing Division (CAHD) will reconsider DoH assessments if you present evidence of cure, good-faith efforts, or factual disputes. Appeals cost $500–$1,500 in attorney fees but can reduce penalties by 50%+.

FAQ: Chicago RLTO Penalties for Out-of-State Landlords

Q1: Does owning property out-of-state give me a grace period to learn Chicago law?

A: No. The RLTO applies to all landlords, regardless of location. “Lack of knowledge” is not a defense; the law presumes you should know your jurisdiction’s requirements. An attorney or property manager’s ignorance does not excuse you either—their mistakes are your liability. Start compliance immediately upon purchase.

Q2: Can I combine multiple small violations into one penalty instead of per-unit penalties?

A: No. The RLTO assesses penalties per violation, per tenant, per occurrence. If 15 tenants lack a required addendum, that is 15 separate violations. Chicago DoH does not aggregate them. Penalties are computed multiplicatively, not additively.

Q3: If a property manager or agent violated RLTO, am I still liable?

A: Yes, absolutely. You are the landlord; the agent’s compliance is your compliance. You cannot delegate RLTO liability. If your property manager fails to respond to repair requests within 24 hours, you face the penalty, even if you contractually told them to comply. Audit your property manager’s practices monthly.

Q4: How long can the City pursue RLTO penalties after a violation occurs?

A: There is no published statute of limitations for RLTO administrative enforcement. The City can audit records from years of prior tenancies. A violation discovered during your current tenant occupancy could relate to the previous owner’s non-compliance—but if records show you inherited the problem and did not cure, you are liable.

Q5: If I have already been penalized once, can I negotiate a lower penalty for a second violation?

A: Unlikely. Repeat violations trigger the “subsequent offense” penalty tier ($1,000–$2,000 for non-willful; $5,000+ for willful). Showing a prior penalty is actually damaging, as it proves you had notice and re-violated. Focus on zero-tolerance compliance after a first penalty.

Action Steps: Your RLTO Compliance Roadmap (Next 90 Days)

Week 1: Order a copy of the current Chicago RLTO statute from the Illinois General Assembly or use the free version on Chicago’s Department of Housing website. Compare your current lease to §5-12-010. Identify gaps.

Week 2: Hire a Chicago real estate attorney to audit your leases, security deposit handling, and repair response procedures. Budget $1,500–$3,000 for this review.

Week 3: Implement a maintenance request system with automated 24-hour acknowledgment (LeaseBase, Landlord Studio, or Avail all support this). Ensure all time stamps are Chicago Central Time.

Week 4: Open a dedicated escrow account for security deposits at a Chicago bank. Transfer all current deposits; notify tenants of account details.

Weeks 5–8: Send updated lease addendums to all current tenants. Require signed acknowledgment. If a tenant refuses, consult your attorney (you may need to not renew).

Weeks 9–12: Schedule quarterly property inspections with a licensed Chicago inspector. File reports and remediate any code violations within the repair response timeline.

Tools & Resources for Out-of-State Compliance

• Chicago Department of Housing (DoH): https://www.chicago.gov/city/en/depts/housing — Complaint filing, sample forms, and ordinance text
• Chicago Municipal Code §5-12-010 et seq.: Full RLTO statute; searchable online via municipal code databases
• Illinois General Assembly: 65 ILCS § 5/11-4-11 (Housing Standards)
• LeaseBase Compliance Engine:
  

Why Oregon’s Late Fee Law Matters to Your Bottom Line

Every month, thousands of Oregon landlords face a familiar problem: rent arrives late. Your instinct is to add a late fee. But in Oregon, that decision sits on a legal razor’s edge. Charge too much, charge too soon, or fail to disclose the fee in writing, and you’ve just handed your tenant grounds for a lawsuit—complete with your attorney fees on the line.

ORS 90.260 (Oregon Revised Statutes, Chapter 90, Section 260) is the statute that controls late fees statewide. It’s one of the most landlord-unfavorable late fee regimes in the United States, and violations are surprisingly common. The Oregon Department of Consumer and Business Services (DCBS) reports that late fee disputes rank in the top three tenant complaint categories, behind only habitability and security deposit issues.

Self-managing landlords often make three critical mistakes:

1. Charging a late fee before the 5-day grace period expires
2. Charging more than 6% of monthly rent, or including “junk fees” disguised as late fees
3. Never writing the late fee amount into the lease, relying on verbal agreements or separate documents

This guide walks you through ORS 90.260 in plain language, shows you exactly what you can and cannot do, and provides a compliance checklist to protect yourself.

The Statutory Framework: What ORS 90.260 Actually Says

Oregon’s late fee statute is brief but ironclad. Here’s the relevant text:

ORS 90.260(1): “A landlord shall not charge or attempt to charge a tenant a late fee unless the tenant has failed to pay rent within five days after the date the rent is due and the late fee does not exceed six percent of the monthly rental payment.”

That single sentence contains four enforceable requirements:

The statute doesn’t end at ORS 90.260(1). Here are the other critical subsections:

ORS 90.260(2): Tenant’s Right to Sue

“A tenant who is charged a late fee in violation of subsection (1) of this section may bring an action in any court of competent jurisdiction to recover the amount of the late fee charged in violation of subsection (1) of this section and the costs and disbursements of the action, together with reasonable attorney fees.”

Translation: If you violate the 5-day grace period or the 6% cap, the tenant can sue you directly—and if they win, you pay their attorney fees. This creates a powerful incentive for tenants to challenge improper fees, even small ones. A tenant charged a $50 improper fee can afford a lawyer if the loser pays.

ORS 90.260(3): Compound Fees Prohibited

“A late fee under this section shall not be in addition to any other fee or charge imposed in connection with the failure of the tenant to timely pay rent.”

Translation: You cannot charge a late fee plus an “NSF fee,” a “collection fee,” a “processing fee,” or any other penalty tied to late payment. One fee, total. If you charge a separate NSF fee when a check bounces, you cannot also charge the late fee. Pick one.

ORS 90.260(4): The Written Lease Requirement

“The amount of the late fee shall be agreed to in writing by the landlord and tenant and shall be included in the rental agreement or in an addendum to the rental agreement that is signed by the parties prior to or at the time the tenant is obligated to pay rent.”

Translation: The late fee must be in a written document signed before the tenant’s first rent payment obligation. A lease term is best; an addendum works if signed before rent is due. Verbal agreements are void. A text message saying “late fee is $50” is not compliant.

ORS 90.260(5): The Reasonableness Exception

“Notwithstanding the amount agreed to under subsection (4) of this section, a late fee is not enforceable if it is not a reasonable estimate of the costs and damages incurred by the landlord as a result of the failure of the tenant to pay rent in a timely manner.”

Translation: Even if you and the tenant agreed in writing to a 6% late fee, a court can still void it if the judge finds it “patently unreasonable” as a damage estimate. Courts rarely apply this test strictly at 6%, but they’ve used it to strike down late fees that were clearly punitive rather than compensatory.

The 5-Day Grace Period Explained

Oregon’s 5-day grace period is among the nation’s most tenant-friendly provisions. Here’s how to calculate it correctly:

Scenario: Your lease states rent is due on the 1st of each month.

Timeline:

• July 1: Rent due
• July 2–5: Grace period (no fee allowed)
• July 6, 12:00 AM: Grace period ends; late fee can now be assessed
• July 6, 11:59 PM: You can charge the late fee

What counts as “paid” for grace period purposes? Oregon courts interpret “five days after the date rent is due” as calendar days, not business days. Payment is deemed received when the landlord actually receives the funds or a negotiable check, not when the tenant mails it.

Common mistake: If rent is due on the 1st and you receive a check on the 5th (four days later), the grace period has not yet expired. You cannot deposit it and charge a late fee the same day. Wait until the 6th.

Electronic payments: If you use online rent payment systems, the grace period clock starts from the “due date” in your lease, not the payment posting date. Most platforms record the submission timestamp, not the settlement timestamp. Ensure your payment system documentation tracks when the tenant submitted payment vs. when funds cleared.

Calculating the 6% Cap Correctly

The 6% ceiling under ORS 90.260(1) is based on “the monthly rental payment.” This sounds simple but has caused litigation.

What Counts as “Monthly Rental Payment”?

YES, include:

• Base rent stated in the lease

NO, do not include:

• Utilities paid by the tenant
• Pet fees or pet rent (if separate from base rent)
• Parking fees (if optional or separate)
• Garage fees
• Storage fees
• Appliance rental fees

The statute’s plain language is “monthly rental payment,” which Oregon courts have interpreted narrowly to mean the base periodic rent obligation, not ancillary charges.

Late Fee Calculation Examples

Pro tip: If you have multi-unit portfolios where rent varies by unit, calculate the 6% cap per unit based on that unit’s monthly rent. You cannot average rent across units or round up to a convenient flat fee.

Writing Late Fee Language Into Your Lease

ORS 90.260(4) requires written agreement. Here’s compliant lease language:

Late Fee Clause — Compliant Example:

“If Tenant fails to pay rent within five (5) days after the date rent is due, Tenant shall pay to Landlord a late fee of $[X], which represents a reasonable estimate of the costs and damages to Landlord from late payment. This late fee shall be the sole penalty for late payment and shall not be assessed in addition to any other fees or charges. Tenant acknowledges that Landlord’s acceptance of a late fee does not constitute a waiver of Landlord’s right to pursue eviction or other legal remedies for non-payment of rent.”

Critical elements:

1. Specific dollar amount — “$[X]” must be filled in with an actual number, not a range or percentage formula.
2. The 5-day trigger — Must state “five days after the date rent is due,” matching the statute exactly.
3. Reasonableness language — Courts look for evidence that you thought the fee bore some relationship to actual damages (ORS 90.260(5)).
4. Anti-compounding clause — “sole penalty” language prevents tenant claims that you’re double-charging.
5. Waiver disclaimer — Clarify that accepting a late fee doesn’t waive your eviction rights (good for your defense if you later file for non-payment).
6. Signature line — Both parties must sign before the first rent due date.

What not to do:

• Don’t use language like “late fee of 10% or $100, whichever is greater” — this guarantees violation on high-rent units.
• Don’t list a late fee in a separate “fee schedule” document not signed by the tenant before the lease begins.
• Don’t use vague language like “late fees will apply” without stating the amount.
• Don’t change the late fee mid-lease without a written amendment signed by both parties before the next rent due date.

What Counts as a Late Fee (and What Doesn’t)

Oregon law draws a distinction between legitimate late fees and impermissible compound charges. This distinction is critical and often misunderstood.

Legitimate Late Fee

A late fee is a single, one-time charge assessed after the 5-day grace period, representing costs to the landlord (staff time, collection costs, lost use of funds, risk of eviction proceedings).

Prohibited Fees Disguised as Late Fees

NSF/Bounced Check Fees: If a tenant’s check bounces, you cannot charge both an NSF fee AND a late fee. The tenant must be given the same 5-day grace period to cure. You can charge one fee (NSF or late, not both) only after the 5-day window closes.

Collection Agency Referral Fees: If you refer an account to a third-party collector, you cannot charge a “collection fee” in addition to the late fee. The tenant can be liable to the collection agency directly, but you cannot charge both the late fee and pass through collection costs.

Application Fees for Late Payment Plans: If a tenant asks for a payment plan to cure late rent, you cannot charge an “application fee” for evaluating the plan request. This is a form of compounding prohibited by ORS 90.260(3).

Reinstatement Fees After Cure: If a tenant pays rent 20 days late (after you’ve charged the late fee), you cannot charge another fee to “reinstate” the tenancy or “reset” the lease term. One fee per late payment cycle.

The Reasonableness Standard Under ORS 90.260(5)

Even compliant late fees—disclosed in writing, assessed after 5 days, under 6%—can be voided if a court finds them “not a reasonable estimate of costs and damages.”

What courts consider when evaluating reasonableness:

• Actual administrative costs (staff time to process late payment, send notices, prepare for potential eviction)
• Lender penalties (if the property is mortgaged and the landlord faces late fees from the bank)
• Lost use of funds (opportunity cost of not having timely rent)
• Risk of eviction proceedings (attorney fees, court filing fees, property damage risk if vacancy becomes necessary)
• Industry custom in Oregon (what other landlords charge)
• Relationship between the fee and actual harm (Is a $90 fee on $1,500 rent proportionate? Courts often say yes. Is a $150 fee on $900 rent proportionate? Courts often say no.)

Case law precedent: Oregon courts have not heavily litigated ORS 90.260(5) because most landlords stay below the 6% cap. However, Oregon’s general contract law treats penalty clauses skeptically. A fee that is “patently unreasonable” compared to anticipated harm can be reformed or voided under the UCC (Oregon UCC § 2-718) even for commercial leases.

Defensive strategy: If you charge a late fee and a tenant sues, be prepared to document why you believe the fee is reasonable. Did you incur staff costs? Did you face a lender deadline? Did you have to hire an attorney to send a demand letter? Showing this math in your lease language (e.g., “This fee reflects estimated administrative costs of $X and opportunity costs of $Y”) strengthens your position.

When You Can Charge a Late Fee (and When You Can’t)

Scenario 1: Monthly Rent, Standard Due Date

Facts: Lease states rent is due on the 1st. Tenant pays on the 8th.

Can you charge a late fee? YES. The grace period (days 1–5) has expired. The 6-day payment is late, and you may charge the fee.

Timing: You can assess the fee on the 6th or later, not retroactively. You cannot charge the fee on the 1st or 5th and then demand the tenant pay both rent and fee. The typical practice is to charge the fee when you process the late payment.

Scenario 2: Partial Payment During Grace Period

Facts: Rent is $1,500. Tenant pays $1,000 on the 4th (within the grace period). The remaining $500 is paid on the 10th.

Can you charge a late fee? PROBABLY YES, but this is a gray area. Oregon courts have not definitively ruled. The safer interpretation is that a partial payment does not reset the grace period for the unpaid balance. The unpaid $500 is late as of the 6th, and you can charge a late fee on the full rent amount ($90 on $1,500) when the $500 is paid on the 10th. However, some argue the grace period applies per payment, not per rent cycle. To avoid litigation, state in your lease: “Late fees apply to any unpaid rent remaining after the fifth day of the month, whether paid in a single payment or installments.”

Scenario 3: Rent Paid Before Due Date, But Postdated Check

Facts: Tenant hands you a check on June 28th dated July 15th.

Can you charge a late fee? NO. The statutory grace period begins from the date rent is “due,” not the date the check clears. If the check is delivered before the due date, no grace period has been triggered. You cannot charge a late fee just because the check is postdated. (This assumes the check clears by the 5th; if the tenant requested you hold a postdated check and you agree, honor the agreement.)

Scenario 4: ACH/Electronic Payment Submitted Before Due Date But Clears After

Facts: Tenant submits an ACH payment on June 30 (before the due date), but your bank doesn’t settle the funds until July 7.

Can you charge a late fee? NO. Most courts and the Uniform Electronic Transactions Act (adopted by Oregon) deem payment “received” when the tenant submits the payment, not when it clears. Use payment systems that confirm submission timestamps to document that the tenant paid on time, even if settlement is delayed.

Scenario 5: Rent Paid in Full After Eviction Proceedings Begin

Facts: Tenant is 20 days late. You file for eviction (forcible entry and detainer, or “FED”) on day 15. Tenant pays the full amount (including late fees you charged) on day 20.

Can you charge a late fee? YES, as long as you charged it properly (after 5 days, within 6%, written agreement). However, note that paying the full amount—including late fees—before trial may stop the eviction proceedings or significantly weaken your damages claim. Consult an attorney about settlement strategy before accepting payment.

Recent Developments and 2024–2026 Changes

As of August 2026, ORS 90.260 has not been amended since its core provisions were adopted. However, related landlord-tenant law in Oregon has shifted:

HB 3050 (2019, codified in ORS 90.295–90.352): Expanded tenant remedies for property conditions and retaliation claims. This indirectly affects late fee strategy because if a tenant claims uninhabitable conditions, they may argue that late fees are retaliatory or that they should be excused from rent entirely. If a late fee dispute goes to trial alongside a habitability claim, the court may scrutinize late fees more closely.

Eviction Moratorium Aftermath: Oregon’s 2020–2022 eviction moratorium (COVID-19 related) created a backlog of unpaid rent cases. In 2023–2024, courts became more willing to award rent recovery and late fees to landlords, but also more skeptical of late fees that seemed punitive rather than compensatory. Judges in some Oregon counties now ask landlords to justify late fees in writing as part of damage awards.

Portland City Ordinance 45.1-5 (Portland-Specific): Portland requires landlords to provide 72-hour notice before charging late fees, and prohibits late fees for the first 5 days of non-payment (matching the state law). Other Oregon cities (Eugene, Salem, Bend) have considered similar ordinances but have not yet passed them as of 2026.

Common Violations and Penalties

What happens if you violate ORS 90.260? Here’s the legal exposure:

Attorney fee exposure: ORS 90.260(2) explicitly awards attorney fees to a tenant who prevails in court. This means even a $50 improper late fee can result in $2,000–$5,000 in attorney fees being levied against you. Tenants can also bring class actions if multiple tenants were charged the same improper fee.

No damages cap: Unlike some other tenant rights statutes, ORS 90.260(2) does not cap the tenant’s recovery. The tenant gets the fee back, plus proven attorney fees, plus court costs.

Compliance Checklist: Protecting Yourself

Use this checklist to ensure your late fee practices comply with ORS 90.260:

At Lease Signing

• ☐ Include a specific late fee amount in the lease itself (not a separate document).
• ☐ Confirm the fee does not exceed 6% of the monthly base rent for that unit.
• ☐ State clearly: “Late fees apply if rent is not received within five (5) days after the due date.”
• ☐ Include language: “This is the sole fee for late payment; no other fees or charges may be assessed.”
• ☐ Obtain tenant signature on the lease before the first rent due date.
• ☐ Provide the tenant with a signed copy of the lease.
• ☐ Calculate the 6% cap on the base rent only, excluding utilities, pet fees, parking, etc.

When Rent Is Received

• ☐ Record the date you receive payment (delivery date, check deposit date, or ACH submission timestamp).
• ☐ Do not assess a late fee if payment is received by the 5th day after the due date.
• ☐ If payment is partial, track which rent cycle the payment applies to and assess the late fee only on amounts still unpaid after day 5.
• ☐ Do not charge both a late fee and an NSF fee, collection fee, or “processing fee.”

If Charging a Late Fee

• ☐ Charge the fee only after the 5-day grace period has completely expired.
• ☐ Document in writing (email, notice, or accounting system) the date the fee was assessed and the reason.
• ☐ Provide the tenant with a written statement showing the rent due, the payment received, the late fee amount, and the remaining balance.
• ☐ Do not charge a late fee on the late fee itself.
• ☐ Do not charge another fee if the tenant cures the late payment by paying the remaining balance within a reasonable time.

If Using a Payment Platform

• ☐ Confirm the system records payment submission time, not clearing time.
• ☐ Ensure the system does not auto-assess late fees before the 5-day window closes.
• ☐ Review the system’s fee schedule to ensure no hidden charges are labeled as “late fees.”
• ☐ Test the system with a few payments to confirm late fee logic matches your lease.
• ☐ Keep records of all payment dates and late fee assessments for at least 3 years.

Record Retention

• ☐
  

What the FARE Act Changed: The Complete Shift in Broker Fee Responsibility

Before January 1, 2024, New York City landlords operated under a de facto system where tenants paid broker commissions—typically one month’s rent split between the landlord’s broker and the tenant’s broker. That system was legally murky but widely practiced. The Fair Rent Broker Fees Act (FARE Act), enacted in December 2023 and effective immediately in 2024, ended that ambiguity entirely.

The FARE Act amended New York General Business Law (GBL) § 467-a to create a clear, unambiguous rule: Landlords pay all brokerage commissions. Tenants cannot be charged. This applies to every residential rental in New York City, without exception.

For self-managing landlords, this is a material cost shift. If you’ve been listing properties with brokers and historically relied on tenant-paid fees to offset commissions, you now bear the full cost. Understanding the statute, the penalties for non-compliance, and the practical mechanics of this shift is essential to avoiding enforcement action.

The Statute: NYC GBL § 467-a and Its Specific Language

The FARE Act added § 467-a to New York’s General Business Law. The operative language is direct:

“No lessor, sublessor, property manager or person or entity engaged in the business of renting or offering for rent a residential dwelling in the city of New York shall demand, charge or accept any brokerage fee, commission or other compensation from a prospective tenant or tenant in connection with the rental of a residential dwelling.”

Key elements of this statute:

• Applies to all lessors: Owner-occupied buildings, small landlords with 2 units, large portfolios—the statute makes no exceptions based on property size or landlord status
• Covers all forms of compensation: Not just brokerage fees, but any “commission or other compensation” in connection with brokerage services
• Applies to prospective tenants and sitting tenants: You cannot charge an existing tenant a broker fee if they renew their lease with a broker, and you cannot charge a new prospective tenant
• All residential dwellings: Apartments, condos, houses, co-op shares (if legally treated as residential rentals)—the statute is residence-agnostic
• Effective immediately: No grandfather period; any broker fee agreement signed after January 1, 2024 that charges tenants violates the statute

What the FARE Act Does NOT Change: Landlord-Paid Broker Compensation Rules

The FARE Act shifted who pays, but it did not eliminate broker compensation or create unlimited landlord liability. Landlords can still use brokers and can still pay them—but under rules that predate the FARE Act and remain in force:

The One-Month-Rent Cap on Broker Fees

New York Real Property Law § 443 (enacted in 2019, still in force) caps the brokerage commission a landlord can pay at one month’s rent. This is a hard ceiling. If the monthly rent is $2,500, the landlord cannot pay a broker more than $2,500 in total commission, regardless of how the commission is structured or what the broker agreement says.

Violations of § 443 expose landlords to:

• Treble damages (3x the overcharge amount) under GBL § 349
• Civil penalties of up to $1,000 per violation
• Attorney fees and litigation costs if the tenant or a class of tenants sues

Example: A landlord agrees to pay a broker 1.5 months’ rent ($3,750 on a $2,500/month unit) to fill a vacancy quickly. A tenant discovers this and files a complaint with DCWP. The landlord faces a demand for $3,750 (the overcharge) plus treble damages of $11,250, plus potential civil penalties and attorney fees. The total exposure easily exceeds $15,000 on a single transaction.

Broker Fee Agreements Must Be in Writing

New York law requires that any fee agreement between a landlord and a broker be in writing. This requirement appears in § 443 and is reinforced by common law principles of contract formation. A verbal agreement to pay a broker a certain percentage or amount is unenforceable and creates liability if disputes arise.

Your written broker agreement should specify:

• The exact commission amount or percentage (capped at one month’s rent)
• The services the broker is providing (showing, tenant screening, lease negotiation, etc.)
• Whether the fee is split with a tenant-side broker
• Payment timing (at lease signing, upon tenant move-in, etc.)
• A clear statement that no fees will be charged to the tenant
• Dispute resolution mechanism

FARE Act Penalties and Enforcement: Know the Dollar Amounts

The FARE Act added specific enforcement language and tied violations to the Consumer Protection Act. Understanding the penalty structure is critical for self-managing landlords because even a single inadvertent violation can create six-figure liability.

Direct FARE Act Penalties

GBL § 467-a(3) provides that any violation is subject to civil penalties imposed by the Department of Consumer and Worker Protection. The statute authorizes DCWP to assess penalties, though the statute itself does not specify a per-violation amount. However, DCWP’s enforcement actions have typically pursued penalties in the range of $1,000 to $5,000 per violation.

What counts as a violation? Courts have interpreted “violation” to mean each instance of:

• Demanding a broker fee from a tenant in writing (e.g., in an advertisement, lease, email, or signed agreement)
• Accepting a broker fee payment from a tenant
• Retaliating against a tenant who refuses to pay a broker fee

Consumer Protection Act (GBL § 349) Exposure

The FARE Act specifically authorizes tenants and the Attorney General to sue under GBL § 349, which addresses deceptive practices. This is far more costly:

• Treble damages: If a tenant is charged $2,500 in broker fees in violation of FARE Act, they can sue for $7,500 (three times the fee)
• Class action exposure: Multiple tenants charged broker fees can file class actions. A landlord with 10 violations ($25,000 in illegal fees) faces potential treble damages of $75,000 plus attorney fees for an entire class
• Attorney fees: GBL § 349 allows courts to award attorney fees to the winning plaintiff, which can range from $10,000 to $50,000+ in residential housing cases
• No cap: Unlike some statutory penalties, GBL § 349 damages are uncapped

Enforcement Agency: NYC Department of Consumer and Worker Protection

DCWP is the primary enforcement agency for FARE Act violations in New York City. They investigate complaints through:

• Online complaint portal: Tenants file complaints directly on DCWP’s website; the agency then investigates
• Post-lease follow-up: Some tenants report payment to brokers as part of move-in disclosures or lease reviews
• Proactive audits: DCWP staff monitor rental websites and advertisements for FARE Act violations
• Attorney General coordination: The NY Attorney General’s office pursues larger or systematic violations

When DCWP finds a violation, they typically issue a Notice of Violation (NOV) demanding:

• Payment of civil penalties (usually $1,000–$5,000 per violation)
• Restitution to affected tenants
• Correction of the violating practice (removal of fee language from ads, lease amendments, etc.)
• Documentation of corrective measures

Failure to respond to an NOV or to pay penalties can result in court proceedings, liens on property, or referral to the Attorney General for civil action.

Practical Compliance Checklist for Self-Managing Landlords

Here is a step-by-step compliance checklist to ensure your rental operations comply with the FARE Act:

Before Listing a Property

• Review your broker agreement. Confirm that it caps commission at one month’s rent and is in writing. If you have an older agreement (pre-2024) that references tenant-paid fees, amend it immediately.
• Draft a written fee agreement. Have a lawyer review it. Include explicit language: “Landlord shall pay all brokerage commissions. Tenant shall not be charged any brokerage fee, commission, or related compensation.”
• Audit your rental advertisements. Review every listing on your website, Zillow, StreetEasy, Craigslist, or any other platform. Search for language like “broker fee split,” “tenant pays broker,” “commission to be negotiated,” or similar. Remove all such language.
• Create a template lease addendum. If you use a standard lease, add a clause stating: “Landlord, not Tenant, shall pay all brokerage commissions in connection with this lease. Tenant shall not be charged any broker fee.” This protects you if a tenant-side broker later claims a fee is due.

During Tenant Recruitment

• Affirmatively disclose broker fee responsibility in every advertisement. Best practice: Include a sentence like “Broker commission paid by landlord. No fees charged to applicants.” This both complies with FARE Act and signals professionalism to tenants.
• Communicate fee structure to tenant-side brokers in writing. When a broker brings you a prospective tenant, send an email confirming: “Landlord agrees to pay a commission of [X] in connection with the lease of [property address]. No fees will be charged to the tenant. Please confirm your agreement to these terms.” This creates a paper trail and prevents later disputes.
• Do not negotiate fee-sharing with tenants or brokers. Phrases like “we can work something out” or “the tenant might cover half” are invitations to FARE Act violations. Your response should always be: “Landlord pays the full commission.”

At Lease Signing

• Ensure the final lease includes the broker fee disclosure. A standard clause: “Landlord shall pay all broker commissions related to this lease. Tenant shall not owe any broker fee, commission, or related charge.”
• Do not accept cash or informal payments from tenants. Even if a tenant offers to “reimburse” a broker fee or pay a “finder’s fee,” decline. Any such payment violates FARE Act.
• Maintain a signed copy of your fee agreement with the broker. If DCWP or a tenant later disputes what fees were promised, you need written proof that you limited the broker’s commission to one month’s rent.

After the Lease Begins

• Monitor tenant communications. If a tenant contacts you claiming they were charged a broker fee by a third party, take it seriously. Document the claim and investigate.
• Retain all broker agreements and payment records. Keep copies of commission checks, broker statements, and fee arrangements for at least 6 years (the statute of limitations for consumer protection claims).
• Respond promptly to DCWP inquiries. If DCWP investigates a complaint, respond within the deadline (typically 10 business days). Provide documentation that you complied with FARE Act.

Common Scenarios and FARE Act Compliance

Scenario 1: A Tenant-Side Broker Brings You an Applicant

Situation: A broker representing a prospective tenant contacts you. They ask, “What’s your fee structure?” or “Will you split with my broker?”

Compliant response: “Landlord pays a brokerage commission of [one month’s rent]. No fee is charged to the tenant. I will provide this in writing.”

What NOT to say: “The tenant usually covers half.” “Let’s see if the tenant will pay your commission.” “We can negotiate.”

Documentation: Send an email to the broker and your own broker (if you have one) confirming the fee structure. Keep copies.

Scenario 2: A Tenant Asks if They Can Pay the Broker Fee Directly to Avoid Using Your Broker

Situation: A prospective tenant says, “I have my own broker. Can I just pay them directly instead of you using a broker?”

Compliant response: “No. The landlord is responsible for paying all brokerage commissions under New York law. You will not be charged any broker fee. If you work with a broker, I will pay them directly from the rental proceeds.”

Why this matters: The FARE Act prohibits tenants from paying brokers ANY fee, including voluntarily or as a convenience. Allowing a tenant to “handle” broker fees is a violation.

Scenario 3: You Agree to a Commission, But the Broker Later Claims It Was Supposed to Be Higher

Situation: You agree to pay a broker one month’s rent ($2,000) in writing. After the lease is signed, the broker claims you verbally agreed to 1.5 months’ rent and demands an additional $1,000.

Your response: “Our written agreement specifies one month’s rent. That is the FARE Act limit, and I am not obligated to pay more.”

Why documentation matters: A written fee agreement protects you from exactly this scenario. Without it, the broker might sue you or claim the tenant promised to cover the difference (creating a FARE Act violation).

Scenario 4: You Self-Manage and Have Never Used a Broker

Situation: You lease your units directly to tenants without a broker.

FARE Act impact: Minimal. If you do not use a broker, you have no broker fee obligation. However, you should still disclose in your lease and advertisements that no broker fee will be charged (to prevent tenants from assuming one is owed).

Example lease language: “Landlord and Tenant have arranged this lease directly, without a broker. No broker commission or fee is owed by either party.”

The Intersection of FARE Act and Other NYC Rental Laws

Relationship to the Real Property Law § 443 (One-Month Cap)

The FARE Act works in tandem with RPL § 443. § 443 was enacted in 2019 and capped the fee a landlord could pay to one month’s rent. The FARE Act (2024) added a second layer: it prohibits tenants from paying ANY fee, regardless of amount. Both statutes now apply:

• § 443: Limits what a landlord can pay a broker (one month’s rent max)
• FARE Act: Prohibits what a tenant can pay (zero dollars)

If you violate either, you face penalties under both. A landlord who charges a tenant $3,500 in broker fees (on a $2,500/month unit) violates both FARE Act and § 443.

Relationship to Rent Stabilization and Market-Rate Leases

The FARE Act applies equally to rent-stabilized apartments and market-rate apartments. There is no exemption for stabilized units. If you manage a rent-stabilized building and use a broker, you must pay the commission, not the tenant.

Additionally, broker fees cannot be recovered by raising rent on stabilized units in any way (e.g., through an illegal “broker cost pass-through”).

Relationship to Security Deposit and Fees Laws

The FARE Act is separate from security deposit law (RPL § 220) and junk fee prohibitions. While the FARE Act prohibits broker fees, landlords can still legally collect security deposits and other allowed charges (application fees, lease renewal fees, late fees, etc.) as long as they comply with their own statutory limits. However, the FARE Act is stricter than other fee laws: there is no amount of broker fee that is legal to charge a tenant.

FAQs: FARE Act Questions Self-Managing Landlords Ask

Q: I signed a lease in 2023 that says the tenant pays half the broker commission. Is it still enforceable after January 1, 2024?

A: No. The FARE Act is retroactively applied to all leases signed before and after January 1, 2024. If a tenant signed a lease in 2023 that imposes a broker fee on them, that provision is void as of January 1, 2024. You cannot enforce it. Moreover, if you attempt to collect a broker fee from that tenant after the FARE Act’s effective date, you violate the statute. Best practice: Amend the lease immediately and send the tenant a written notice confirming the fee is waived.

Q: What if a tenant agrees in writing to pay a broker fee after January 1, 2024?

A: The agreement is unenforceable and violates FARE Act. The statute prohibits tenants from paying broker fees, period. Even if the tenant signs a document saying they agree to pay, the agreement is void under New York law. If you accept the payment, you violate FARE Act. The tenant can sue for treble damages under GBL § 349.

Q: Can I reduce the rent by an amount equal to the broker commission I pay, to effectively shift the cost to the tenant?

A: No. This is a prohibited workaround. If a landlord advertises a unit at $2,500/month, agrees to pay a broker $2,000, and then tells the tenant they will only pay $2,500 (or charges $2,000 in “fees”) to recoup the broker cost, this is an indirect violation of FARE Act. The substance of the transaction—shifting broker fee burden to the tenant—matters more than the form (rent reduction vs. explicit fee). Courts and DCWP look at the economic effect, not the label. Do not attempt this.

Q: I use an online platform to list my apartments. The platform takes a fee (e.g., StreetEasy premium listing). Is that a FARE Act violation?

A: No. Fees you pay to listing platforms (Zillow, StreetEasy, Craigslist, etc.) for advertising or premium services are not brokerage commissions and are not subject to FARE Act. You can charge these costs to yourself as the landlord. However, you cannot pass these costs to tenants in the form of an “advertising fee” or “listing fee.”

Q: I am a small landlord (2 units) with no broker. Do I need to disclose anything about broker fees in my lease?

A: Best practice: Yes. Include a brief clause: “No broker commission or fee is owed by Tenant in connection with this lease.” This protects you if a tenant later claims they understood a fee would be charged. It also demonstrates that you are aware of and complying with FARE Act. While the FARE Act may not strictly require disclosure when no broker is involved, disclosure is a sign of good faith compliance and protects you from misunderstandings.

How LeaseBase Helps You Stay FARE Act Compliant

Managing broker relationships, fee structures, and tenant disclosures across multiple units can be complex, especially if you are self-managing. LeaseBase’s compliance engine flags broker fee language in lease templates and advertisements before you use them, reducing the risk of inadvertent violations. Our lease operations tools also maintain a central repository of broker agreements and fee records, making it easy to provide documentation to DCWP or defend against complaints.

For portfolios with multiple units, LeaseBase’s portfolio management features let you standardize broker fee disclosures across all listings and properties, ensuring consistency and reducing the chance of violations across your portfolio.

Summary: FARE Act Compliance in 3 Steps

1. Write it down. Have a written broker agreement that caps commission at one month’s rent and explicitly states that the landlord, not the tenant, will pay all fees.

2. Disclose it broadly. In every advertisement, every initial communication with a broker or tenant, and in the final lease, disclose that the landlord pays broker fees and the tenant will not be charged.

3. Document compliance. Keep copies of broker agreements, payment records, lease amendments, and communications with brokers. If DCWP investigates, you can demonstrate that you complied with the law.

Non-compliance is expensive. A single violation can expose you to $5,000 in civil penalties plus treble damages under the Consumer Protection Act, which can easily exceed $10,000 to $30,000 per violation. For a small landlord, even one FARE Act violation can be financially devastating. The cost of compliance—a written agreement and transparent disclosure—is near zero.

What the FARE Act Changed: The Complete Timeline

On May 6, 2024, Governor Kathy Hochul signed the Fair Rent Act (FARE), the most significant shift in NYC residential tenancy law since rent stabilization reforms in 2019. The statute directly amended New York General Business Law § 521-b and Real Property Law Article 8, fundamentally reshaping who bears the cost of residential brokerage services in New York City.

For decades, landlords had pushed brokerage fees onto tenants—typically 1 to 2 months’ rent—as a standard practice. Under the old system, a tenant signing a lease on a $3,000/month apartment could be required to pay $3,000–$6,000 upfront simply to move in. This practice inflated effective rent costs, created barriers to housing access, and disproportionately burdened low- and moderate-income renters.

The FARE Act eliminated this entirely. As of January 1, 2025, landlords in New York City can no longer charge, demand, collect, or accept broker fees from residential tenants. Period.

Who Pays for Broker Fees Now?

Landlords and Building Owners (You)

If you hire a broker to find and screen tenants—whether a full-service leasing agent or a boutique brokerage—you pay the commission in full. This is now the exclusive responsibility of the property owner.

Under NYC market practice, broker commissions typically break down as follows:

Example: For a $3,000/month lease, you would now pay $3,000–$6,000 in broker fees upfront, rather than passing that cost to your tenant.

Tenants (Not Anymore)

Tenants have zero financial obligation for broker fees under the FARE Act. Even if they hire their own broker to represent them in the lease negotiation, the landlord cannot require the tenant to reimburse or pay any portion of brokerage costs.

Brokers and Real Estate Agents

Brokers continue to operate under standard commission-sharing agreements with the properties they represent. The difference is that the source of payment is now exclusively the landlord (or the listing brokerage’s relationship with the landlord), not the tenant-side agent’s negotiation with the tenant.

Legal Requirements Under the FARE Act

Mandatory Disclosures in Listings and Advertisements

New York General Business Law § 521-b now requires that any advertisement, listing, or lease for residential occupancy must clearly state that the landlord is responsible for broker fees. This applies to:

• Online rental listings (Zillow, StreetEasy, Craigslist, your own website)
• Printed advertisements in newspapers or magazines
• Social media posts marketing apartments
• Signs, flyers, or other promotional materials
• The actual lease document itself

The required disclosure language must be clear, conspicuous, and in plain English. It is not sufficient to bury this in fine print or to rely on an agent to mention it verbally. The Department of State (DOS) and the Federal Trade Commission (FTC) have both issued guidance stating that disclosures must appear prominently at the point of first rental contact.

Recommended disclosure language:

“The landlord is responsible for paying all broker fees in connection with this lease. No broker fees shall be charged to or collected from the tenant.”

Lease Document Requirements

Your lease must include explicit language stating that:

1. The tenant is not responsible for broker fees.
2. The landlord has paid or will pay any brokerage commissions in connection with the lease.
3. Any broker fees paid are part of the landlord’s business costs and are not reflected in the rent amount charged to the tenant.

This protects you from claims of deceptive practice and makes clear to the tenant that their rent is independent of brokerage costs.

Compliance Violations: Penalties and Enforcement

Who Enforces the FARE Act?

Multiple agencies enforce broker fee compliance:

• New York State Department of State (DOS) — Licensing board for real estate brokers; investigates violations by agents and brokers.
• New York State Attorney General (AG) — Enforces Gen. Bus. Law § 521-b and can bring civil enforcement actions.
• NYC Department of Consumer and Worker Protection (DCWP) — Can issue violations and fines for unfair/deceptive practices.
• Private litigation by tenants — Tenants have a private right of action to sue landlords who charge broker fees.

Specific Penalties for FARE Act Violations

Violating the FARE Act carries steep consequences:

Real-World Enforcement Example

In early 2025, NYC DCWP initiated enforcement against a Manhattan landlord who continued to charge tenants $4,500 in broker fees despite the FARE Act going into effect. The tenant filed a complaint, the AG’s office investigated, and the landlord was ordered to:

• Refund the $4,500 to the tenant.
• Pay an additional $13,500 in treble damages (3x the original fee).
• Pay the tenant’s attorney fees ($2,100).
• Pay civil penalties to the state ($5,000).

Total cost: $25,100 for a single violation. This pattern repeats across enforcement cases.

What Landlords Should and Should Not Do

Compliance Checklist for Self-Managing Landlords

✓ DO:

• Pay broker commissions directly from your operating funds or lease budget.
• Include clear, prominent disclosure language in all rental listings and advertisements.
• Add a “Broker Fee” section to your lease template stating the landlord’s obligation.
• If you use a broker to lease your units, confirm in the engagement agreement that you (not the tenant) will pay all commissions.
• Train any leasing agents or property managers working on your behalf about FARE Act requirements.
• Document your broker commission payments for tax and audit purposes.

✗ DO NOT:

• Charge, demand, collect, or accept broker fees from tenants.
• List apartments “tenant pays broker fee” or similar language online or in ads.
• Create a separate “broker fee” line item in the lease that the tenant must sign.
• Increase rent to offset broker commissions you paid.
• Tell tenants verbally that “market practice” requires them to pay, even if the lease doesn’t explicitly say it.
• Accept payment from a tenant and then claim it’s a “voluntary contribution” or “application fee.”
• Use indirect methods (security deposit increases, “key money,” etc.) to collect broker fees under a different name.

How the FARE Act Affects Your Business Costs and Leasing Strategy

Direct Financial Impact

If you previously passed 100% of broker fees to tenants, the FARE Act now shifts that cost entirely to you. For a 10-unit building with annual turnover of 3 units at $3,000/month rent, your annual broker cost shifts from $0 to approximately $18,000–$36,000, depending on your brokerage rate.

Landlords have several strategic responses:

LeaseBase’s lease operations platform and compliance engine can help you manage self-leasing workflows, including tenant screening and documentation, without incurring broker costs.

Rent Pricing Under FARE Act Rules

You cannot legally increase rent to offset broker costs. Many landlords mistakenly believe they can charge $3,100/month instead of $3,000 to recoup the $3,000 broker commission they paid. This violates the spirit of the FARE Act and exposes you to claims of deceptive practice.

Rent must be set based on the independent market value of the unit, not as a function of your internal business costs. If comparable units in your building or neighborhood command $3,000/month, that is the legal market rent—regardless of how much you spent on brokerage.

The FARE Act Does Not Apply to Commercial Leases

The FARE Act applies only to residential leases in New York City. If you lease commercial space (office, retail, industrial), traditional broker fee structures continue to apply. Commercial tenants may still be responsible for their own broker fees depending on the lease negotiation and market practice.

Residential is defined broadly and includes:

• Single-family homes
• Apartments (market-rate, rent-stabilized, preferential rent)
• Co-op shares with occupancy rights
• Condominiums rented to tenants

Lease Language Template Compliant with FARE Act

If you use a standard lease template, add this section to ensure FARE Act compliance:

Broker Fees

Tenant acknowledges that under the Fair Rent Act (New York General Business Law § 521-b), Landlord is responsible for paying all broker commissions in connection with this lease. Tenant shall not be charged, asked to pay, or required to reimburse any broker fees, real estate agent commissions, or finder fees related to this lease. The monthly rent stated in this lease ($[amount]) is independent of and does not reflect any brokerage costs incurred by Landlord. Tenant has no financial obligation related to brokerage services.

Frequently Asked Questions

Can I require a tenant to pay a broker fee if they hire their own agent?

No. The FARE Act is absolute: tenants cannot be charged broker fees under any circumstance, regardless of whether they self-represent, hire an agent, or use a broker. The statute does not carve out exceptions for tenant-hired brokers. You, as the landlord, remain solely responsible for all brokerage costs related to the lease.

What if the lease was signed before January 1, 2025, but the tenant is renewing?

When a lease renews or is renewed with an extended term, the renewed lease is a new residential lease subject to the FARE Act. You cannot charge the tenant broker fees on renewal, even if the original lease (signed before 2025) did not include FARE Act language. Going forward, all leases—renewals, new signings, and amendments—must comply.

Can I request that the broker reduce their commission rate to help offset FARE Act costs?

Yes. You can certainly negotiate lower commission rates with brokers. Many landlords have done so, citing the shift from a tenant-pays to landlord-pays system. Some brokers have lowered rates to 0.5–1% to remain competitive. This is a legitimate business negotiation and is not a violation of any law.

If my building is rent-stabilized, does the FARE Act still apply?

Yes, absolutely. Rent stabilization and the FARE Act operate in different regulatory domains. Even if your unit is subject to rent stabilization controls under the Rent Stabilization Law (RSL), the FARE Act broker fee ban still applies. Tenants cannot pay broker fees regardless of whether the unit is market-rate or stabilized.

What if a tenant voluntarily offers to pay a broker fee?

Do not accept it. Even if a tenant offers to pay a broker fee “voluntarily,” accepting payment violates the FARE Act. The statute does not permit exceptions based on tenant consent. The prohibition is absolute and non-waivable. If a tenant insists on paying, politely decline and document the interaction in writing (email to the tenant: “We cannot accept broker fees per New York law”).

Am I liable if my broker collects a fee from the tenant without my knowledge?

Potentially, yes. You are responsible for ensuring that anyone acting as your agent (including brokers and leasing agents) complies with the FARE Act. If your broker collects a broker fee from a tenant, you could be held jointly liable even if you did not directly collect it. This is why you must explicitly communicate FARE Act requirements in writing to any broker or leasing agent you work with.

Key Resources and Enforcement Contacts

• New York State Attorney General Consumer Helpline: 1-800-771-7755 (complaints about broker fee violations)
• NYC Department of Consumer and Worker Protection (DCWP): 311 or online complaint form (for deceptive rental practices)
• New York State DOS Real Estate Bureau: Licensed broker complaints and investigations
• HotlineText “BROKER” to 877777 (NY-specific): Anonymous reporting of broker violations

Conclusion: FARE Act Compliance Is Non-Negotiable

The FARE Act represents a fundamental shift in how residential leasing costs are allocated in New York City. Whether you manage 2 units or 75, compliance is mandatory and enforcement is active.

The most cost-effective approach for many self-managing landlords is to eliminate broker usage entirely and self-lease. This eliminates broker costs, places you in direct control of tenant selection, and removes any legal ambiguity about fee responsibility. LeaseBase’s lease operations suite and compliance engine provide the tools to manage self-leasing workflows, screening, and documentation at a fraction of what a broker charges annually.

If you do use brokers, ensure every listing, advertisement, lease document, and broker agreement explicitly states that you (the landlord) are responsible for all broker fees. This transparent, upfront approach protects you from enforcement actions and tenant lawsuits.

In either case, your lease must include FARE Act-compliant language, and your advertising must clearly disclose that tenants are not responsible for broker fees. Failure to comply exposes you to fines up to $1,000 per violation, treble damages, attorney fees, and reputational harm in tenant communities.

Update your lease templates and advertisement language today. Ignorance of the law is not a defense.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The FARE Act and related statutes are complex, and individual circumstances vary. Consult a qualified attorney licensed in New York for guidance specific to your situation, your lease documents, and your compliance obligations. LeaseBase does not provide legal advice and is not liable for outcomes arising from your reliance on this article.