LATE FEE ADDENDUM
to
RESIDENTIAL LEASE AGREEMENT
(State of Florida)
[// GUIDANCE: This Addendum is intended for attachment to an existing Residential Lease Agreement (“Master Lease”). Cross-check the defined terms in the Master Lease for consistency before finalizing.]
I. DOCUMENT HEADER
1.1 Parties
This Late Fee Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] (“Landlord”); and
• [TENANT(S) NAME(S)] (“Tenant”).
1.2 Property
The premises subject to the Master Lease and to this Addendum are commonly known as [STREET ADDRESS, CITY, COUNTY, FLORIDA, ZIP] (the “Premises”).
1.3 Purpose & Consideration
Landlord and Tenant are parties to that certain Residential Lease Agreement dated [MASTER LEASE DATE] (the “Master Lease”). Pursuant to Fla. Stat. ch. 83, the parties wish to supplement the Master Lease to establish uniform, reasonable, and enforceable late-payment charges and related procedures. In consideration of the mutual covenants herein, the parties agree as follows.
II. DEFINITIONS
For purposes of this Addendum (capitalized terms not defined below have the meanings assigned in the Master Lease):
“Affected Rent” means any installment of Rent (as defined in the Master Lease) not received in cleared U.S. funds by Landlord on or before the Due Date.
“Business Day” means any day other than Saturday, Sunday, or Florida-recognized legal holidays.
“Due Date” means [DAY OF MONTH, e.g., “the first (1st) calendar day of each month”] during the Lease Term.
“Grace Period” means the interval beginning on the Due Date and ending at 11:59 p.m. local time on the [NUMBER (0–5)] day(s) thereafter.
“Late Fee” has the meaning set forth in Section 3.1.
III. OPERATIVE PROVISIONS
3.1 Assessment of Late Fee
If the Affected Rent remains unpaid in full immediately after expiration of the Grace Period, Tenant shall pay Landlord a one-time late fee equal to [FLAT $ AMOUNT OR ___% OF AFFECTED RENT] (“Late Fee”). The parties acknowledge and agree that (a) the Late Fee represents a fair and reasonable estimate, on the Effective Date, of Landlord’s administrative costs resulting from Tenant’s delinquency, and (b) the Late Fee is not a penalty. [// GUIDANCE: Florida imposes no statewide statutory cap on residential late fees; nevertheless, reasonableness is required to avoid characterization as an unenforceable penalty or usury.]
3.2 Classification as Additional Rent
All Late Fees, together with any interest permitted under Section 3.3, constitute “Additional Rent” under the Master Lease. Non-payment of Additional Rent constitutes a monetary default under the Master Lease.
3.3 Interest on Unpaid Amounts
Any Late Fee or Affected Rent outstanding after [NUMBER] Business Days from assessment shall accrue interest at the lesser of (i) [___]% per annum, compounded monthly, or (ii) the maximum rate permitted under applicable law.
3.4 Application of Payments
Payments received shall be applied in the following order: (a) outstanding attorney’s fees and court costs; (b) accrued interest; (c) unpaid Late Fees; and (d) base Rent and other charges.
3.5 Notice & Cure Requirements
(a) Statutory Notice. Before filing an eviction action for non-payment of Affected Rent and/or Late Fees, Landlord shall deliver a three-day notice to Tenant pursuant to Fla. Stat. § 83.56(3) (2024) (“Statutory Notice”).
(b) Method of Delivery. Statutory Notice shall be delivered in any manner authorized by § 83.56(4) or successor provision.
(c) Tenant Cure. Tenant may cure by tendering all sums itemized in the Statutory Notice within the statutory cure period. Partial payment absent Landlord’s written acceptance of full satisfaction shall not waive Landlord’s rights.
3.6 Weekend/Holiday Rule
If the final day of the Grace Period or of any statutory notice period falls on a Saturday, Sunday, or legal holiday, the deadline automatically extends to 11:59 p.m. on the next Business Day.
IV. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it possesses full authority and capacity to enter into and perform this Addendum.
4.2 No Conflict. Tenant represents that acceptance of this Addendum will not violate any other agreement, court order, or statutory obligation binding on Tenant.
4.3 Compliance with Law. Landlord warrants that, to its knowledge, the Late Fee structure herein complies with applicable Florida law and has not been found unconscionable or excessive by any Florida tribunal of competent jurisdiction.
All representations and warranties survive execution and continue through the Lease Term.
V. COVENANTS & RESTRICTIONS
5.1 Tenant Covenants
(a) Timely Payment. Tenant shall pay Rent, Late Fees, and all other sums when due, in lawful U.S. currency, without offset or deduction, except as expressly permitted under the Master Lease or Florida law.
(b) Updated Contact Information. Tenant shall immediately notify Landlord, in writing, of any change in mailing address, email, or telephone number.
5.2 Landlord Covenants
Landlord shall maintain accurate ledgers of all Rent, Late Fees, and other charges and will furnish an account statement to Tenant upon written request no more than twice in any twelve-month period.
VI. DEFAULT & REMEDIES
6.1 Events of Default
(a) Monetary Default. Failure to pay any Affected Rent or Late Fee within the Grace Period.
(b) Chronic Late Payment. Payment of Rent beyond the Grace Period in three (3) or more months within any consecutive twelve-month period.
6.2 Landlord Remedies
Subject to statutory notice requirements:
(i) Termination of the Master Lease and/or eviction (Fla. Stat. § 83.59);
(ii) Recovery of all Rent, Late Fees, interest, and other amounts due;
(iii) Reasonable attorney’s fees and court costs to the prevailing party pursuant to Fla. Stat. § 83.48; and
(iv) Any other remedy available at law or equity.
6.3 Cumulative Rights
All rights and remedies are cumulative and may be exercised singularly or concurrently.
VII. RISK ALLOCATION
[// GUIDANCE: Per user metadata, Indemnification is “not applicable” and Liability Caps are “statutory_limits.” Accordingly, this Section intentionally omits indemnity and confines liability to statutory remedies.]
7.1 Statutory Limits
Nothing herein enlarges or restricts any liability limitation or defense available under Florida Statutes, common law, or applicable federal law.
7.2 Force Majeure
Neither party shall be liable for failure to perform its monetary obligations solely to the extent performance is rendered illegal or impossible by “Force Majeure” events (defined as acts of God, war, governmental action, or similar events beyond the reasonable control of the affected party); provided, however, Tenant’s obligation to pay Rent and Late Fees is excused only to the limited extent permitted by Chapter 83 or other overriding law.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Addendum and any dispute arising hereunder are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.
8.2 Forum Selection
The parties consent to the exclusive jurisdiction of the county court or circuit court having jurisdiction over landlord-tenant matters in the county where the Premises are located (the “Housing Court”). Each party waives objections to venue or forum non conveniens in such court.
8.3 Arbitration Excluded
The parties expressly opt out of any requirement to arbitrate disputes.
8.4 Jury Trial
Nothing herein constitutes a waiver of constitutional jury-trial rights. Any waiver of jury trial must be separately executed and conspicuously identified if the parties so choose.
8.5 Injunctive & Equitable Relief
Nothing limits Landlord’s right to seek injunctive or other equitable relief related to possession or eviction (“Eviction Remedy”).
IX. GENERAL PROVISIONS
9.1 Amendment; Waiver
No modification of this Addendum is effective unless in writing and signed by both parties. Waiver of any breach does not constitute waiver of subsequent breaches.
9.2 Assignment
Tenant may not assign or sublease without Landlord’s prior written consent except as provided in the Master Lease.
9.3 Entire Agreement
This Addendum, together with the Master Lease, constitutes the entire agreement concerning the subject matter and supersedes all prior understandings.
9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
9.5 Counterparts; Electronic Signatures
This Addendum may be executed in counterparts, each deemed an original; signatures delivered electronically (including via DocuSign, PDF, or similar) are binding.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties execute this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ______
Name: ____
Title (if entity): ___
Date: ______
TENANT(S):
1. ______
Name: _____
Date: ______
-
Name: _____
Date: ______
[Add additional signature lines as necessary]
[OPTIONAL NOTARY BLOCK – strike if not required]
State of Florida
County of _____
The foregoing instrument was acknowledged before me this ___ day of _, 20_, by ____, who [] is personally known to me or [__] produced ________ as identification.
Notary Public, State of Florida
My commission expires: ____
[// GUIDANCE:
1. Verify local ordinances for any municipal late-fee caps (e.g., Miami-Dade County public housing rules) and adjust Section 3.1 accordingly.
2. Confirm that the Grace Period in Section 3.1 aligns with the Master Lease to avoid conflicting deadlines.
3. Reconcile any attorney’s-fees clause in the Master Lease with Section 6.2(ii).
4. Attach this Addendum to, and list it on the schedule of exhibits to, the Master Lease.]