LATE FEE ADDENDUM

to Residential Lease Agreement – State of Alaska

I. DOCUMENT HEADER

This Late Fee Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME(S)] (“Tenant,” and together with Landlord, the “Parties”).

WHEREAS, the Parties are bound by that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) covering the real property located at [PREMISES ADDRESS] in the State of Alaska; and

WHEREAS, the Parties desire to supplement the Lease in order to establish specific terms governing late payment of rent in compliance with the Alaska Uniform Residential Landlord & Tenant Act, Alaska Stat. §§ 34.03.010 et seq.;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

[// GUIDANCE: Attach this Addendum to the Lease and reference it in the integration clause of the Lease to ensure enforceability.]

II. DEFINITIONS

For purposes of this Addendum, the following terms shall have the meanings set forth below. Any capitalized term not defined herein shall have the meaning ascribed to it in the Lease.

1. “Base Rent” means the recurring rent installment payable under the Lease, exclusive of utilities, fees, or other additional charges.
2. “Due Date” means [DUE DAY, e.g., “the 1st calendar day of each month”] on which the Base Rent is contractually due.
3. “Grace Period” means the period beginning on the Due Date and ending at 11:59 p.m. Alaska Time on the [NUMBER] day thereafter during which payment of Base Rent may be made without incurring a Late Fee.
4. “Late Fee” means the fee assessed under Section III.3 below if Base Rent remains unpaid after expiration of the Grace Period.
5. “Notice of Late Rent” means written notice delivered by Landlord to Tenant in accordance with Alaska Stat. § 34.03.260(b) and the notice provisions of the Lease, specifying the amount of outstanding Base Rent, any applicable Late Fee, and the timeframe to cure.

III. OPERATIVE PROVISIONS

1. Incorporation. This Addendum is incorporated into and made part of the Lease. In the event of any conflict between this Addendum and the Lease, this Addendum shall control with respect to the subject matter herein.

2. Payment of Base Rent. Tenant shall remit Base Rent in full on or before the Due Date. If the Due Date falls on a legal holiday or a day on which postal service is unavailable, payment shall be due on the next business day without extending the Grace Period.

3. Late Fee.
   a. Assessment. If Landlord has not received full payment of Base Rent by the end of the Grace Period, Tenant shall owe a Late Fee equal to the lesser of:
   i. [PERCENTAGE, e.g., “5 %”] of the outstanding Base Rent; or
   ii. [FLAT AMOUNT, e.g., “$75.00”].
   b. Accrual. The Late Fee shall accrue once per delinquent installment and shall not compound or accrue interest.
   c. Reasonableness Cap. The Late Fee shall in no event exceed an amount that is unreasonable as a liquidated estimate of Landlord’s administrative costs arising from late payment, consistent with Alaska law.

4. Notice Requirement. Before assessing a Late Fee, Landlord shall deliver a Notice of Late Rent. Failure to give such notice shall not waive Landlord’s right to collect the Late Fee, but the Fee shall not be deemed due until [NUMBER] days after Notice is delivered.

5. Application of Payments. Payments received shall be applied in the following order: (i) outstanding court costs and attorney fees, (ii) Late Fees, (iii) other fees or charges, and (iv) Base Rent, unless otherwise required by Alaska Stat. § 34.03.070.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord represents that (i) the Late Fee arrangement herein is permissible under current Alaska law, and (ii) no municipal ordinance applicable to the Premises imposes stricter limitations unknown to Landlord as of the Effective Date.
2. Tenant represents that Tenant has read and understands this Addendum and had the opportunity to consult legal counsel.

All representations survive the termination of this Addendum solely for purposes of enforcing accrued rights.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants. Tenant shall (a) timely pay all sums due under the Lease and this Addendum; (b) promptly notify Landlord of any circumstances that may delay payment; and (c) not tender payments that are dishonored.
2. Landlord Covenants. Landlord shall (a) maintain accurate records of all payments and Late Fees; (b) provide receipts upon written request; and (c) comply with all notice and procedural requirements under Alaska law.

VI. DEFAULT & REMEDIES

1. Event of Default. Failure to remit Base Rent and the applicable Late Fee within [NUMBER] days after delivery of the Notice of Late Rent constitutes a material breach.
2. Remedies. Upon default, Landlord may (a) declare the entire unpaid Rent immediately due; (b) commence eviction proceedings pursuant to Alaska Stat. § 34.03.220; and (c) recover reasonable attorney fees and costs as provided in the Lease and Alaska R. Civ. P. 82.
3. Cumulative Rights. Remedies under this Addendum are cumulative with, and not exclusive of, any rights under the Lease or applicable law.

VII. RISK ALLOCATION

1. Indemnification. No additional indemnification obligations are created by this Addendum.
2. Limitation of Liability. Any limitation of liability contained in the Lease shall extend to obligations under this Addendum to the maximum extent permitted by Alaska law.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Addendum shall be governed by the Alaska Uniform Residential Landlord & Tenant Act (Alaska Stat. §§ 34.03.010 et seq.) and other applicable state landlord-tenant law.
2. Forum Selection. The Parties consent to jurisdiction and venue exclusively in the [NAME OF] Alaska State Court – Housing Division having territorial jurisdiction over the Premises.
3. Arbitration. The Parties expressly exclude arbitration.
4. Jury Trial. Nothing herein constitutes a waiver of any constitutional right to jury trial.
5. Injunctive Relief. Landlord retains the right to seek injunctive or equitable relief, including but not limited to forcible detainer and eviction, to enforce Tenant’s payment obligations.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. No modification of this Addendum shall be effective unless in a writing signed by both Parties. Failure to enforce any provision shall not constitute a waiver.
2. Assignment. Tenant may not assign this Addendum separately from the Lease without Landlord’s written consent.
3. Severability. If any provision of this Addendum is held invalid, the remainder shall be enforced to the fullest extent permissible.
4. Integration. This Addendum, together with the Lease and any other duly executed addenda, constitutes the entire agreement regarding Late Fees.
5. Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile shall be deemed original for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Late Fee Addendum as of the Effective Date first above written.

[// GUIDANCE: Alaska does not mandate notarization for residential lease addenda; however, notarization may expedite court acceptance in eviction actions. Insert optional notary block if desired.]