LATE FEE ADDENDUM TO RESIDENTIAL LEASE AGREEMENT

(Hawaiʻi – HI)

[// GUIDANCE: This template is drafted to comply with the Hawaiʻi Residential Landlord-Tenant Code (the “Code”) and incorporates statutory limitations on late fees, grace-period requirements, and notice provisions. Customize all bracketed items before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title; Parties.
   This Late Fee Addendum (the “Addendum”) is made part of and incorporated into that certain Residential Lease Agreement dated [PRIMARY LEASE DATE] (the “Lease”) by and between:
   a. Landlord: [LANDLORD LEGAL NAME], together with its successors and assigns (“Landlord”); and
   b. Tenant: [TENANT LEGAL NAME], individually and collectively if more than one (“Tenant”).

2. Property. The real property that is the subject of the Lease is commonly known as [PROPERTY ADDRESS] (the “Premises”).

3. Effective Date. This Addendum is effective as of [EFFECTIVE DATE] (the “Effective Date”).

4. Consideration. In consideration of the mutual covenants herein and in the Lease, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereby agree to the terms set forth below.

II. DEFINITIONS

For purposes of this Addendum, capitalized terms have the meanings set forth below. Terms not defined herein carry the meanings ascribed in the Lease.

1. Base Rent – The monthly rent amount payable under the Lease, currently $[MONTHLY RENT AMOUNT].
2. Grace Period – A period of [GRACE PERIOD DAYS] consecutive calendar days following the Rent Due Date during which no Late Fee may accrue.
3. Late Fee – A one-time charge, not exceeding the Statutory Cap, imposed for Tenant’s failure to remit Base Rent within the Grace Period.
4. Rent Due Date – The calendar day of each month upon which Base Rent is contractually due under the Lease.
5. Statutory Cap – The maximum Late Fee permitted under the Code, currently eight percent (8 %) of the unpaid Base Rent for the applicable month.
6. Written Notice – Written communication delivered in accordance with Section V.3 of this Addendum.

III. OPERATIVE PROVISIONS

1. Late Fee Assessment.
   a. If Tenant fails to deliver the full Base Rent by 11:59 p.m. on the final day of the Grace Period, Landlord may assess a Late Fee equal to the lesser of:
   i. [LATE FEE PERCENT] % of Base Rent; or
   ii. the Statutory Cap.
   b. The Late Fee is a one-time charge per rental period and shall not be compounded or imposed on a daily basis.

2. Accrual & Payment.
   a. The Late Fee shall accrue automatically upon expiration of the Grace Period, subject to the Written Notice requirement in Section V.3.
   b. Tenant shall remit the Late Fee concurrently with the next rent payment or within five (5) calendar days after receipt of Written Notice, whichever is sooner.

3. No Additional Penalties. Landlord shall not impose any interest, daily penalties, or administrative fees beyond the Late Fee authorized herein unless expressly permitted by the Code.

IV. REPRESENTATIONS & WARRANTIES

1. Mutual Authority. Each party represents that it has full right, power, and authority to enter into this Addendum and perform its obligations hereunder.
2. Compliance with Law. Landlord represents that the Late Fee structure complies with all applicable provisions of the Code and any implementing regulations in effect on the Effective Date.
3. No Conflicts. Tenant represents that execution of this Addendum does not violate any other agreement or court order to which Tenant is subject.
4. Survival. The representations and warranties in this Section IV survive termination or expiration of the Lease to the extent necessary to enforce accrued Late Fees.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant to Pay. Tenant covenants to pay all Late Fees properly assessed under this Addendum in lawful U.S. currency without prior demand except as set forth herein.

2. Landlord Covenant to Comply with Statutory Cap. Landlord covenants not to assess Late Fees in excess of the Statutory Cap or contrary to the timing restrictions of the Code.

3. Notice of Late Fee.
   a. Prior to assessing a Late Fee, Landlord shall deliver Written Notice to Tenant specifying: (i) the unpaid Base Rent amount; (ii) the expiration date of the Grace Period; (iii) the calculated Late Fee; and (iv) the statutory basis for the charge.
   b. Written Notice shall be delivered by [NOTICE METHOD] or any additional method permitted under the Lease or the Code.

4. Record-Keeping. Landlord shall maintain contemporaneous records of all Late Fees charged and payments received and shall make such records available for Tenant inspection upon reasonable request.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Tenant’s failure to pay any Late Fee within five (5) calendar days after it becomes due constitutes a monetary default under both this Addendum and the Lease.
   b. All other defaults under the Lease remain unaffected by this Addendum.

2. Notice & Cure. Upon a monetary default, Landlord shall provide Tenant with a written notice to cure in the manner prescribed by the Code, affording Tenant not less than five (5) business days to cure.

3. Graduated Remedies.
   a. If Tenant fails to cure within the prescribed period, Landlord may:
   i. Apply any tenant security deposit as permitted by law;
   ii. Institute summary possession (eviction) proceedings; and/or
   iii. Seek a monetary judgment for unpaid rent, Late Fees, and allowable costs.
   b. Attorney’s fees and court costs shall be recoverable to the fullest extent permitted by the Code and any applicable court rule.

VII. RISK ALLOCATION

1. Indemnification. Consistent with the metadata directive “Indemnification: not_applicable,” no indemnification obligations are created by this Addendum.
2. Limitation of Liability. Landlord’s and Tenant’s liabilities concerning Late Fees are limited to the amounts expressly authorized by the Code.
3. Force Majeure. Performance of monetary obligations is not excused by force majeure except to the limited extent required by the Code or other governing law.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Addendum and any disputes hereunder are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law principles.
2. Forum Selection. The parties submit exclusively to the jurisdiction of the [state_housing_court] located in the county where the Premises are situated.
3. Arbitration. Arbitration is expressly excluded.
4. Jury Trial. Nothing in this Addendum constitutes a waiver of any constitutional right to a jury trial.
5. Injunctive Relief. Landlord’s right to pursue eviction or other injunctive relief is preserved.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. No amendment or waiver of any provision of this Addendum is effective unless in a writing signed by both parties, and no waiver shall be construed as a continuing waiver.
2. Assignment. Neither party may assign its rights or delegate its duties under this Addendum except as permitted under the Lease and the Code.
3. Successors & Assigns. This Addendum binds and inures to the benefit of the parties and their respective successors and permitted assigns.
4. Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder shall remain in full force, and the parties agree to substitute a valid and enforceable provision that most closely approximates the original intent.
5. Integration. This Addendum, together with the Lease, constitutes the entire agreement concerning Late Fees and supersedes all prior or contemporaneous oral or written agreements on that subject.
6. Counterparts; Electronic Signatures. This Addendum may be executed in any number of counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered by electronic means (including PDF or electronic signature platforms compliant with the federal E-SIGN Act) are deemed originals.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Addendum effective as of the Effective Date.

LANDLORD:
[LANDLORD LEGAL NAME]

By: _____
Name: ____
Title: ____
Date: ____

TENANT:
[TENANT LEGAL NAME]

Signature: _____
Name: ____
Date: _______

[// GUIDANCE: Notarization and/or witness signatures are not generally required for validity under Hawaiʻi residential landlord-tenant law but may be included if preferred or if mandated by local custom, lender requirements, or court practice.]

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