LATE FEE ADDENDUM
to Residential Lease Agreement – State of Connecticut
[// GUIDANCE: This Addendum is intended for use with an existing Connecticut residential lease (“Lease”). Attach the executed Addendum to the Lease and reference it in the Lease’s integration clause.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Late Fee Addendum to Residential Lease Agreement.
1.2 Parties.
(a) “Landlord”: [LANDLORD LEGAL NAME], a [natural person / Connecticut ___ (type of entity)] with a principal address at [LANDLORD ADDRESS].
(b) “Tenant”: [TENANT LEGAL NAME], currently occupying the Premises defined in the Lease.
1.3 Recitals.
A. Landlord and Tenant entered into that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) for the residential property located at [PROPERTY ADDRESS] (the “Premises”).
B. The Lease does not fully address, or the parties desire to modify, the assessment and collection of late fees for untimely rent payments.
C. The parties therefore agree to supplement the Lease on the terms set forth herein, for good and valuable consideration, the receipt and sufficiency of which are acknowledged.
1.4 Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”) and is incorporated into the Lease as if originally set forth therein.
1.5 Jurisdictional Statement. This Addendum is governed by and shall be construed in accordance with the residential landlord-tenant laws of the State of Connecticut.
2. DEFINITIONS
Capitalized terms used but not defined in this Addendum have the meanings given in the Lease. The following additional terms apply solely to this Addendum:
“Grace Period” – The statutory period during which rent may remain unpaid without imposition of a late fee, presently nine (9) consecutive calendar days after the Rent Due Date for a month-to-month tenancy, or four (4) consecutive calendar days after the Rent Due Date for a week-to-week tenancy.
“Late Fee Cap” – The maximum amount permitted under Connecticut law, currently the lesser of (i) Fifty Dollars ($50.00) or (ii) five percent (5%) of the unpaid Rent.
“Late Rent” – Any portion of Rent not received by Landlord before expiration of the applicable Grace Period.
“Rent Due Date” – The calendar date specified in the Lease on which periodic Rent is due, presently the [___] day of each [month/week].
3. OPERATIVE PROVISIONS
3.1 Imposition of Late Fee.
(a) If any Rent remains unpaid after expiration of the applicable Grace Period, Landlord may assess a one-time late fee (the “Late Fee”) in an amount not to exceed the Late Fee Cap.
(b) The Late Fee shall accrue only once per delinquent Rent installment; compounding or daily interest-type late charges are prohibited.
3.2 Notice of Late Fee. Landlord shall provide Tenant written notice of (i) the Late Rent amount, (ii) the Late Fee calculated in accordance with Section 3.1, and (iii) the deadline to remit same, which deadline shall not be less than five (5) calendar days after delivery of the notice. Notice shall be delivered in the manner required for “notices” under the Lease.
3.3 Application of Payments. Any payment received after a Late Fee has been assessed shall be applied first to outstanding Late Fees, then to any other fees or charges permitted by the Lease, and finally to Rent.
3.4 No Waiver. Acceptance of Late Rent or any Late Fee does not constitute a waiver of Landlord’s right to insist on timely payment of future Rent or to enforce the Lease.
3.5 Conflict with Lease. If any provision of this Addendum conflicts with the Lease, the terms of this Addendum control with respect to Late Fees only.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full power and authority to enter into and perform this Addendum and that the person signing on its behalf is duly authorized.
4.2 Compliance Representation. Landlord represents that, to the best of Landlord’s knowledge, the Late Fee structure herein complies with all applicable Connecticut statutes, regulations, and municipal ordinances in effect as of the Effective Date.
4.3 Survival. The representations and warranties in this Section 4 survive the termination or expiration of the Lease for a period of one (1) year.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants.
(a) Tenant shall pay Rent on or before the Rent Due Date.
(b) Tenant shall pay any properly-assessed Late Fee within the cure period specified in Landlord’s notice under Section 3.2.
5.2 Landlord Covenants. Landlord shall not:
(i) assess multiple Late Fees for a single delinquent Rent installment;
(ii) increase the Late Fee amount except as permitted by applicable law and after providing advance written notice and an opportunity to amend the Lease as required by law; or
(iii) assess any Late Fee in excess of the Late Fee Cap.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any failure by Tenant to pay (a) Rent by the end of the Grace Period, or (b) a properly-assessed Late Fee within the notice period specified in Section 3.2, constitutes a separate “Event of Monetary Default” under the Lease.
6.2 Remedies. Upon an Event of Monetary Default, Landlord may pursue any and all remedies provided in the Lease and under Connecticut law, including but not limited to summary process (eviction) proceedings in the appropriate housing court, subject to any notice and cure periods mandated by statute.
6.3 Attorney Fees. If Landlord prevails in any legal action to recover Late Rent or Late Fees, Tenant shall pay Landlord’s reasonable attorney fees and court costs to the extent permitted by Connecticut law and any applicable court rule.
7. RISK ALLOCATION
7.1 Indemnification. No indemnification obligations are created by this Addendum.
7.2 Limitation of Liability. Nothing in this Addendum is intended to expand or limit either party’s liability beyond any statutory limits applicable under Connecticut law.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder are governed by the laws of the State of Connecticut, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the Connecticut housing session of the Superior Court (or any successor housing court) having venue over the Premises.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Each party retains its constitutional right to a trial by jury; no waiver is intended or implied.
8.5 Injunctive Relief. Nothing herein limits Landlord’s statutory right to seek summary process or other equitable relief available under Connecticut landlord-tenant law.
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. This Addendum may be amended only by a written instrument executed by both parties. No waiver is effective unless in writing and signed by the waiving party.
9.2 Assignment. Neither party may assign this Addendum except as permitted under, and in conjunction with, an assignment of the Lease.
9.3 Successors & Assigns. This Addendum is binding on and inures to the benefit of the parties and their permitted successors and assigns.
9.4 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
9.5 Integration. This Addendum, together with the Lease and any prior addenda, constitutes the entire agreement of the parties with respect to Late Fees, superseding all prior discussions or understandings on that subject.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Electronic signatures (e.g., via DocuSign or similar platform) are binding to the fullest extent permitted by Connecticut law.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Late Fee Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| [PRINT NAME & TITLE, if entity] | [PRINT NAME] |
| Date: _______ | Date: _______ |
[Optional Notary Acknowledgment if local recording or evidence requirements apply]
[// GUIDANCE:
1. Verify current Connecticut statutes before finalizing monetary thresholds or grace periods; update Section 2 definitions if statutes change.
2. Insert the Effective Date, parties’ correct legal names, and any municipality-specific requirements.
3. Where the original Lease already contains overlapping late-fee language, attach a written amendment striking or replacing conflicting clauses to avoid ambiguity.
4. Provide Tenant with a copy of this fully-executed Addendum and retain evidence of delivery (e.g., certificate of mailing, e-mail receipt).]