LATE FEE ADDENDUM
to Residential Lease Agreement – State of Georgia
[// GUIDANCE: This template is designed as an addendum to an existing written residential lease (the “Original Lease”). It should be attached to—and expressly incorporated into—the Original Lease at execution. All bracketed terms must be customized before use. Delete these guidance comments before circulating final document.]
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
LATE FEE ADDENDUM (this “Addendum”) dated as of [EFFECTIVE DATE] and made part of that certain Residential Lease Agreement dated [LEASE DATE] (the “Original Lease”) by and between:
Landlord: [LANDLORD LEGAL NAME], a [state & entity type], having an address at [LANDLORD ADDRESS] (“Landlord”)
Tenant(s): [TENANT LEGAL NAME(S)], residing at the Premises defined below (“Tenant,” collectively if more than one, “Tenants”)
Premises: [PROPERTY ADDRESS], Georgia
Recitals
A. Landlord and Tenant are parties to the Original Lease covering the Premises.
B. The parties desire to supplement the Original Lease to establish the terms under which late fees may be assessed for untimely rent payments, all in compliance with applicable Georgia landlord-tenant law.
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 not defined herein have the meanings given in the Original Lease):
“Applicable Law” means all federal, state, county, and local statutes, codes, regulations, and ordinances governing residential tenancies in the State of Georgia, as presently enacted or hereafter amended, together with controlling court orders or administrative rules.
“Grace Period” means the period commencing the day after Rent is due and ending at 11:59 p.m. local time on the [NUMBER]ᵗʰ calendar day thereafter (or the minimum statutory period, if longer).
“Late Fee” means the charge assessed against Tenant for failure to pay Monthly Rent in full by the expiration of the Grace Period, calculated in accordance with Section 3.3.
“Monthly Rent” has the meaning given in the Original Lease, currently $[AMOUNT] per month.
“Notice of Late Fee” means a written notice delivered in accordance with Section 5.3 stating that Tenant is in arrears and specifying the Late Fee assessed.
3. OPERATIVE PROVISIONS
3.1 Obligation to Pay Rent. Tenant shall timely pay Monthly Rent on or before [RENT DUE DATE – e.g., the 1st of each month] in immediately available U.S. funds at the place and in the manner set forth in the Original Lease.
3.2 Grace Period. No Late Fee shall accrue if the full Monthly Rent is received by Landlord before expiration of the Grace Period.
3.3 Calculation of Late Fee.
a. Amount. If Tenant fails to pay Monthly Rent in full by the end of the Grace Period, Tenant shall owe the lesser of:
i. [FLAT FEE AMOUNT] USD; or
ii. [PERCENTAGE]% of Monthly Rent,
in each case not to exceed the maximum amount permitted under Applicable Law.
b. Per-Occurrence Basis. A separate Late Fee may be assessed for each rental period in which Monthly Rent remains unpaid after the Grace Period.
c. Not Interest; Liquidated Damages. The Late Fee is intended to compensate Landlord for administrative costs reasonably incurred due to Tenant’s delinquency and is not interest on debt or a penalty. The parties agree the foregoing amount is a fair and reasonable estimate of such costs at the time of contracting.
3.4 Accrual of Additional Default Interest. Nothing herein limits Landlord’s right, if allowed under Applicable Law and the Original Lease, to recover additional default interest after entry of judgment.
3.5 Application of Payments. Unless prohibited by Applicable Law, payments received shall be applied first to Late Fees, then to past-due Rent, and finally to current Rent.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full power and authority to execute and deliver this Addendum and perform its obligations hereunder.
4.2 Tenant Acknowledgment. Tenant represents that:
a. Tenant has read and understands this Addendum;
b. The Late Fee structure complies with Tenant’s expectations and is not unconscionable; and
c. Tenant has not relied on any statement or promise not expressly set forth herein or in the Original Lease.
4.3 Survival. All representations and warranties survive termination of the tenancy to the extent necessary to enforce accrued obligations.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenant to Pay. Tenant covenants to pay all Late Fees when due, without demand, except as otherwise required by Applicable Law.
5.2 Landlord Covenant to Comply with Law. Landlord covenants that any Late Fee assessed will not exceed statutory limits and that Landlord will comply with all notice requirements mandated by Georgia law.
5.3 Notice Obligations.
a. Landlord shall furnish Tenant with a Notice of Late Fee no later than [NUMBER] calendar days after imposition of the Late Fee.
b. Notice shall be given by [NOTICE METHOD – e.g., personal delivery, certified mail, email if permitted].
5.4 Cure Period (Optional). If [YES/NO], Tenant may cure non-payment of the Late Fee within [CURE PERIOD] days of delivery of the Notice of Late Fee; upon timely cure, Landlord shall waive the Late Fee for that period.
6. DEFAULT & REMEDIES
6.1 Event of Monetary Default. Failure to pay any Late Fee within the time required constitutes an independent monetary default under the Original Lease.
6.2 Notice and Cure. Landlord shall provide any statutory notice required under Georgia dispossessory law before initiating eviction.
6.3 Graduated Remedies. Subject to Applicable Law, remedies include:
a. Accrual of additional Late Fees for subsequent periods;
b. Recovery of reasonable attorneys’ fees and court costs incurred in enforcement; and
c. Commencement of dispossessory proceedings for eviction.
6.4 Cumulative Rights. Remedies are cumulative and in addition to any rights under the Original Lease or at law or equity.
7. RISK ALLOCATION
7.1 Indemnification. In accordance with the Metadata directive “not_applicable,” no additional indemnification obligations are created by this Addendum.
7.2 Limitation of Liability. Nothing herein shall expand or reduce any statutory limitation of liability applicable to residential landlords or tenants under Georgia law.
7.3 Force Majeure. Landlord’s delay in sending a Notice of Late Fee due to events of force majeure shall not constitute waiver.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws governing residential landlord-tenant matters in the State of Georgia, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the state housing court (or other court of competent jurisdiction) located in the county where the Premises is situated.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing herein shall constitute a waiver of either party’s constitutional right to a trial by jury.
8.5 Injunctive Relief. Landlord retains the right to seek injunctive relief, including but not limited to eviction or dispossessory remedies, to the fullest extent permitted by law.
9. GENERAL PROVISIONS
9.1 Amendment. This Addendum may be amended only by a writing signed by Landlord and Tenant.
9.2 No Waiver. Waiver of any breach must be in writing and shall not be construed as waiver of any subsequent breach.
9.3 Assignment. Tenant may not assign rights or delegate duties under this Addendum without Landlord’s prior written consent, except as otherwise provided by Applicable Law.
9.4 Entire Agreement. This Addendum, together with the Original Lease, constitutes the entire agreement regarding Late Fees and supersedes all prior or contemporaneous understandings on that subject.
9.5 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., via PDF or acceptable e-signature platform) shall be deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Late Fee Addendum as of the date first written above.
| Landlord | Tenant |
|---|---|
| _______ | _______ |
| Signature | Signature |
| Name: [PRINT] | Name: [PRINT] |
| Title (if entity): [PRINT] | Date: __ |
| Date: __ |
[Add additional signature lines if multiple tenants.]
[Optional Notary Acknowledgment – Verify local requirements]
[// GUIDANCE: Attach this Addendum to the Original Lease. Cross-reference the Original Lease section on “Additional Terms” or “Addenda” so that incorporation is clear. Confirm that Late Fee amounts entered in Section 3.3 are within any local or county caps, as Georgia municipalities may impose stricter limits than state law.]