RESIDENTIAL LEASE ADDENDUM

(Late Fee Addendum – State of Idaho)

I. DOCUMENT HEADER

1. Parties
   This Residential Lease Addendum (the “Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], (“Landlord”), and [TENANT LEGAL NAME], (“Tenant”), collectively, the “Parties.”

2. Recitals
   A. Landlord and Tenant are parties to that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”) covering the real property commonly known as [PREMISES ADDRESS] (the “Premises”).
   B. The Parties desire to supplement the Lease to address late payment of Rent and related matters in accordance with Idaho law.
   C. In consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.

3. Jurisdiction & Governing Law
   This Addendum shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Idaho. Venue for any action shall lie exclusively in the [COUNTY NAME] County Housing Court (Magistrate Division) or such other Idaho court of competent jurisdiction.

II. DEFINITIONS

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

1. “Grace Period” means the number of calendar days after the Rent Due Date during which Rent may be paid without assessment of a Late Fee.
2. “Late Fee” means the fee assessed for the Tenant’s failure to pay Rent in full before expiration of the Grace Period.
3. “Rent” means the recurring monthly payment due under the Lease, exclusive of additional charges (e.g., utilities, pet fees).
4. “Rent Due Date” means the date on which Rent is contractually due under the Lease.

III. OPERATIVE PROVISIONS

1. Grace Period
   a. Tenant shall have a Grace Period of [NUMBER] days following each Rent Due Date to remit Rent in full.
   b. Payment is deemed made only when actually received (not post-marked) by Landlord.

2. Late Fee Structure
   a. If Rent remains unpaid after the Grace Period, Tenant shall owe a Late Fee of i) $[FLAT AMOUNT] OR ii) [PERCENTAGE]% of the Monthly Rent, whichever is less.
   b. The Late Fee shall not exceed a reasonable estimate of Landlord’s administrative costs and may not constitute a penalty. See Idaho Code §§ 6-303(2), 55-307 (notice and unlawful detainer provisions).
   c. The Late Fee is due and payable immediately upon assessment and shall be considered additional Rent.

3. Notice of Late Fee Assessment
   Landlord shall deliver written notice of any Late Fee assessment to Tenant, which may be included in, or contemporaneous with, any 3-Day Notice to Pay Rent or Quit required by Idaho Code § 6-303(2).

4. Application of Payments
   All payments received shall be applied in the following order unless prohibited by law:
   i) outstanding Late Fees, ii) past-due Rent, iii) current Rent, iv) all other charges.

5. No Waiver
   Landlord’s acceptance of partial Rent or failure to enforce any provision herein shall not constitute a waiver of any rights.

IV. REPRESENTATIONS & WARRANTIES

1. Authority
   Each Party represents that it has full legal capacity and authority to enter into and perform this Addendum.

2. Compliance
   Landlord represents that the Late Fee structure herein is intended to be reasonable and compliant with Idaho law. Tenant represents that Tenant has read, understood, and voluntarily agrees to the terms of this Addendum.

3. Survival
   The representations and warranties herein shall survive the termination or expiration of the Lease only to the extent necessary to enforce any accrued obligations.

V. COVENANTS & RESTRICTIONS

1. Tenant covenants to pay all Late Fees assessed pursuant to this Addendum.
2. Landlord covenants to comply with Idaho’s notice and procedural requirements prior to initiating eviction or other legal remedies for nonpayment.

VI. DEFAULT & REMEDIES

1. Event of Default
   Failure to pay Rent and any applicable Late Fee within the 3-Day statutory cure period after service of notice constitutes an Event of Default.

2. Remedies
   a. Landlord may pursue all remedies available under the Lease and Idaho law, including unlawful detainer proceedings and recovery of attorney fees and costs.
   b. Nothing herein shall limit Landlord’s right to seek injunctive or equitable relief, including eviction.

3. Attorney Fees
   In any action arising out of this Addendum, the prevailing Party shall be entitled to reasonable attorney fees and costs, as permitted by Idaho law.

VII. RISK ALLOCATION

1. Indemnification
   Not applicable (per metadata).
2. Limitation of Liability
   Any limitations set forth in the Lease remain in full force, subject to statutory limits.
3. Force Majeure
   Neither Party shall be liable for delays caused by events beyond its reasonable control; payment obligations are expressly excluded from Force Majeure relief.

VIII. DISPUTE RESOLUTION

1. Arbitration
   The Parties expressly waive arbitration; disputes shall be resolved in the courts specified above.
2. Jury Trial
   Nothing herein constitutes a waiver of constitutional jury rights.
3. Injunctive Relief
   Landlord’s right to obtain eviction or other equitable relief is preserved.

IX. GENERAL PROVISIONS

1. Integration
   This Addendum, together with the Lease, constitutes the entire agreement regarding Late Fees and supersedes all prior or contemporaneous agreements.
2. Amendment & Waiver
   No modification shall be effective unless in writing and signed by both Parties. Waivers must be explicit and in writing.
3. Assignment
   Assignment and delegation are governed by the Lease.
4. Severability
   If any provision is invalid, the remainder shall be enforced to the fullest extent permitted by law.
5. Counterparts & Electronic Signatures
   This Addendum may be executed in counterparts and by electronic signature, each of which is deemed an original.

X. EXECUTION BLOCK

State of Idaho : : County of [___]
On this _ day of _, 20__, before me, a Notary Public, personally appeared [NAME(S)], known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged that they executed the same.
Notary Public: ____
Commission Expires: ____

[// GUIDANCE:
1. Customize the Grace Period and Late Fee amounts to reflect prevailing market practice while remaining “reasonable” under Idaho law.
2. Because Idaho does not impose a statutory Late Fee cap, practitioners often limit Late Fees to 5–10 % of monthly Rent or a flat $50–75—whichever is lower—to avoid characterization as a penalty.
3. Always serve a separate 3-Day Notice to Pay Rent or Quit in strict compliance with Idaho Code § 6-303(2) before instituting eviction.
4. Confirm county-specific Housing Court filing procedures and notarization requirements.
5. Retain a fully executed copy of this Addendum with the original Lease in the tenant file for evidentiary purposes.
]