RESIDENTIAL LEASE ADDENDUM
LATE FEE – DISTRICT OF COLUMBIA
[// GUIDANCE: This template is drafted as an addendum to an existing District of Columbia residential lease. Attach it to the prime lease and incorporate by reference in the integration clause of the main agreement.]
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
Addendum No. [____] (“Addendum”)
to that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) by and between
• Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE] (“Landlord”); and
• Tenant: [TENANT LEGAL NAME(S)] (“Tenant”).
This Addendum is effective as of [EFFECTIVE DATE] (“Effective Date”) and shall be governed by the laws of the District of Columbia.
Recitals
A. Landlord and Tenant are parties to the Lease covering the residential dwelling located at [PROPERTY ADDRESS] (the “Premises”).
B. The parties desire to supplement the Lease to establish lawful late-fee terms consistent with District of Columbia landlord-tenant requirements.
C. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.
2. DEFINITIONS
For purposes of this Addendum, capitalized terms have the meanings set forth below. Undefined capitalized terms carry the meanings assigned in the Lease.
“Business Day” – Any day other than Saturday, Sunday, or a District of Columbia legal holiday on which commercial banks are open for business.
“Grace Period” – The period beginning on the day Rent is due and ending at 11:59 p.m. on the fifth (5th) calendar day thereafter.
“Late Fee” – A charge assessed under Section 3.3 for Tenant’s failure to pay Rent within the Grace Period, calculated in strict compliance with District of Columbia statutory caps.
“Rent” – The periodic payment of [MONTHLY/OTHER] rent due under Section [___] of the Lease, currently $ [MONTHLY RENT AMOUNT] per month, exclusive of any subsidy administered by a housing assistance program.
3. OPERATIVE PROVISIONS
3.1 Affirmation of Lease. Except as expressly modified herein, all terms of the Lease remain in full force and effect.
3.2 Due Date. Subject to any contrary Lease provision that is equal to or more favorable to Tenant, Rent is due on the [DAY] of each month (“Due Date”).
3.3 Late Fee Parameters.
(a) Grace Period Compliance. No Late Fee shall accrue or be assessed until the expiration of the Grace Period.
(b) Statutory Cap. The aggregate Late Fee for any given month shall not exceed five percent (5 %) of the unpaid Rent for that month.
(c) Single Assessment. Landlord shall not impose more than one Late Fee for the same monthly installment of Rent and shall not compound or charge interest on any Late Fee.
(d) Pro Rata Calculation. If Landlord elects to assess Late Fees on a per-diem basis, the per-diem rate shall be:
Late Fee Cap ÷ 30 = $ [CALCULATED PER-DIEM] per calendar day of delinquency beyond the Grace Period.
3.4 Notice of Late Fee.
(a) Timing. Landlord shall deliver written notice (“Late-Fee Notice”) to Tenant within thirty (30) calendar days after assessment of any Late Fee.
(b) Content. The Late-Fee Notice shall specify:
1. The Rent amount due;
2. The date Rent became due;
3. The amount and calculation of the Late Fee; and
4. The total amount now payable.
(c) Method. Delivery shall be in accordance with the Lease notice provision and any additional method required under District of Columbia regulations (e.g., hand delivery or first-class mail to the Premises).
3.5 Application of Payments. Payments shall be applied first to unpaid Rent, then to Late Fees, and thereafter to any other sums owed, unless Tenant designates otherwise in writing.
3.6 Prohibited Practices. Landlord shall not:
(i) assess a Late Fee on any portion of Rent that is owed directly by a governmental or charitable rental-assistance program;
(ii) withhold a future payment received from Tenant (or a subsidy provider) for the purpose of imposing additional Late Fees; or
(iii) evict Tenant solely for failure to pay a Late Fee, unless such non-payment also constitutes non-payment of Rent as defined by District of Columbia law.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full legal right, power, and authority to enter into and perform this Addendum.
4.2 Compliance Representation by Landlord. Landlord represents that all Late Fees assessed under this Addendum will comply with the District of Columbia late-fee statutes and regulations in effect on the date such fee is assessed.
4.3 Survival. The representations and warranties in this Section survive termination of the Lease to the extent necessary to enforce collection or refund of Late Fees.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenant to Pay. Tenant covenants to pay all Late Fees lawfully assessed under this Addendum concurrently with payment of the underlying Rent, subject to the Grace Period.
5.2 Landlord Recordkeeping. Landlord shall maintain accurate records of Rent, Late Fees, and notices for no less than three (3) years, and shall provide a copy to Tenant within fifteen (15) Business Days of written request.
5.3 Compliance Covenant. Both parties covenant to comply with all District of Columbia landlord-tenant laws, including any future amendments governing late-fee practices.
6. DEFAULT & REMEDIES
6.1 Late Fee Non-Payment. Failure to pay an assessed Late Fee within ten (10) Business Days after receipt of the Late-Fee Notice constitutes a Monetary Default under the Lease.
6.2 Cure Period. Tenant may cure a Monetary Default with respect to Late Fees by tendering the outstanding amount within said ten (10) Business-Day period.
6.3 Graduated Remedies. Upon an uncured Monetary Default:
(a) Interest at the lesser of 1 % per month or the maximum lawful rate may accrue on unpaid Rent (not on Late Fees);
(b) Landlord may issue a Notice to Vacate in accordance with District of Columbia procedures; and
(c) Landlord may seek eviction as an injunctive remedy through the D.C. Superior Court – Housing Branch, subject to statutory limitations.
6.4 Attorney Fees & Costs. The prevailing party in any action to enforce this Addendum shall be entitled to recover reasonable attorney fees and court costs if and to the extent permitted by District of Columbia law.
7. RISK ALLOCATION
7.1 Indemnification. [NOT APPLICABLE – intentionally omitted per metadata.]
7.2 Limitation of Liability. Nothing herein shall be construed to enlarge or restrict liability beyond limits imposed by applicable District of Columbia statutes and public policy.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and the Lease shall be governed by the laws of the District of Columbia, without regard to conflict-of-law rules.
8.2 Forum Selection. Exclusive venue for any action arising under this Addendum shall lie in the Superior Court of the District of Columbia, Housing Branch or any successor forum.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Waiver. The parties acknowledge the constitutional right to a trial by jury and do not waive that right.
8.5 Injunctive Relief. Nothing herein limits Landlord’s statutory right to seek eviction or other equitable remedies.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver on any other occasion.
9.2 Assignment. Tenant shall not assign or sublet the Lease or this Addendum without Landlord’s prior written consent, except as otherwise protected by District of Columbia law.
9.3 Severability. If any provision of this Addendum is held unenforceable, the remainder shall be enforced to the maximum extent permissible, and the parties shall negotiate in good faith a lawful substitute provision.
9.4 Integration. This Addendum and the Lease (together with any other duly-executed addenda) constitute the entire agreement of the parties with respect to Late Fees and supersede all prior oral or written understandings on that subject.
9.5 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered by electronic means have the same force and effect as originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| Name: [PRINT] | Name: [PRINT] |
| Title (if entity): [____] | |
| Date: __ | Date: __ |
[// GUIDANCE: Notarization is not generally required for DC residential lease addenda, but confirm with local counsel if you intend to record or use in court filings.]
OPTIONAL NOTARY ACKNOWLEDGMENT
(Use if desired or required by institutional lender/owner.)
State/District of ___ )
County of ____ )
On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared ____, known to me (or satisfactorily proven) to be the individual(s) who executed the foregoing instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Review this Addendum for consistency with the prime Lease (e.g., notice addresses, cure periods, and default definitions). If the Lease already grants a longer grace period or lower late-fee cap, the more tenant-protective provision controls under DC law.]