Kansas Residential Lease Addendum – Late Fee
[FORM TEMPLATE]
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
This Kansas Residential Lease Addendum – Late Fee (the “Addendum”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [LANDLORD LEGAL NAME], a [LEGAL ENTITY TYPE] (“Landlord”); and
• [TENANT LEGAL NAME(S)] (individually and collectively, “Tenant”).
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 wish to amend the Lease to address late-payment fees in compliance with the Kansas Residential Landlord and Tenant Act, Kan. Stat. Ann. §§ 58-2540 et seq. (the “KRLA”), and any applicable municipal ordinances.
C. In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.
2. DEFINITIONS
For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below; terms not defined herein shall have the meanings ascribed to them in the Lease.
“Grace Period” means the fixed number of calendar days after the Rent Due Date during which Rent may be received without assessment of a Late Fee.
“Late Fee” means the monetary amount assessed under Section 3.2 of this Addendum for Rent received by Landlord after expiration of the Grace Period.
“Maximum Late Fee” means the lesser of:
(a) [X]% of the periodic Rent;
(b) $[FLAT DOLLAR CAP] per month; or
(c) any stricter cap imposed by Applicable Law.
“Notice of Late Fee” means written notice substantially in the form attached hereto as Exhibit A.
“Rent” has the meaning set forth in the Lease and includes any additional rent under this Addendum.
3. OPERATIVE PROVISIONS
3.1 Grace Period. Rent is due on the [___] day of each calendar month (the “Rent Due Date”). Tenant shall have a Grace Period of [__] calendar days following the Rent Due Date during which Rent may be paid without incurring a Late Fee.
[// GUIDANCE: Where local ordinance mandates a minimum grace period (e.g., certain KS municipalities require 3–5 days), insert the required period here.]
3.2 Assessment of Late Fee. If Rent is received after expiration of the Grace Period:
(a) Landlord may assess a Late Fee not exceeding the Maximum Late Fee;
(b) Late Fees shall accrue once per monthly rental period and shall not compound; and
(c) Late Fees are deemed “additional rent” for all purposes under the Lease and Applicable Law.
3.3 Reasonableness Standard. The parties acknowledge that (i) the Late Fee is intended to compensate Landlord for administrative costs reasonably related to late receipt of Rent, and (ii) the Late Fee is not a penalty. The amount selected by the parties in Section 3.2 shall be presumed reasonable so long as it does not exceed the Maximum Late Fee.
3.4 Notice Requirements. Landlord shall deliver a Notice of Late Fee to Tenant (a) upon initial imposition of any Late Fee, and (b) at least once per rental period thereafter if Late Fees remain unpaid. Delivery shall be effected in accordance with the notice provisions of the Lease and KRLA § 58-2562.
[// GUIDANCE: KRLA does not mandate a specific “late-fee notice,” but providing one strengthens enforceability and evidentiary support in eviction actions.]
3.5 Application of Payments. Unless prohibited by Applicable Law, payments received shall be applied in the following order: (i) outstanding Late Fees; (ii) accrued legal fees and court costs awarded; (iii) past-due Rent; and (iv) current Rent.
3.6 Modification of Late Fee. If Applicable Law is amended to impose stricter limits on late fees or grace periods, the Late Fee amount and/or Grace Period shall automatically adjust to the minimum extent necessary to comply, without the need for further amendment.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Authority. Each party represents that it has full power and authority to enter into this Addendum and that doing so does not violate any agreement, court order, or Applicable Law.
4.2 Landlord Warranty of Compliance. Landlord warrants that, to its knowledge, the Late Fee structure set forth herein complies with (i) the KRLA; (ii) any applicable county or municipal ordinances governing late fees, grace periods, or rent notices; and (iii) any federal rent-subsidy program requirements if the Premises are so subsidized.
4.3 Tenant Acknowledgment. Tenant acknowledges that Tenant has read and understood this Addendum, had the opportunity to seek independent legal advice, and voluntarily agrees to the Late Fee terms.
5. COVENANTS & RESTRICTIONS
5.1 Tenant Covenant to Pay. Tenant shall timely pay any Late Fee assessed in accordance with Section 3.2.
5.2 Landlord Covenant Not to Exceed Statutory Limits. Landlord shall not assess or attempt to collect any Late Fee in excess of the Maximum Late Fee or otherwise contrary to Applicable Law.
5.3 Notice Obligations and Cure. Tenant shall have [__] days after receipt of any Notice of Late Fee to cure by paying all outstanding Late Fees before Landlord may treat the non-payment as a default under the Lease.
[// GUIDANCE: Align the cure period with the statutory “pay-or-quit” notice period (3 days for tenancies <3 months; 10 days for longer tenancies) to streamline enforcement.]
6. DEFAULT & REMEDIES
6.1 Event of Default. Failure to pay any Late Fee within the cure period specified in Section 5.3 constitutes an Event of Default under the Lease.
6.2 Remedies. Upon an Event of Default, Landlord may exercise any or all remedies available under the Lease and Applicable Law, including but not limited to:
(a) service of a notice to pay or vacate under KRLA § 58-2564;
(b) initiation of eviction (forcible detainer) proceedings; and
(c) recovery of costs and reasonable attorneys’ fees as allowed by KRLA § 58-2563 and the Lease.
6.3 Graduated Remedy. Prior to filing suit, Landlord may elect—but is not required—to offer Tenant a one-time payment plan for outstanding Late Fees, not to exceed [___] months.
7. RISK ALLOCATION
7.1 Indemnification. Pursuant to the Metadata instruction “indemnification: not_applicable,” no party shall owe indemnification to the other solely by reason of this Addendum.
7.2 Limitation of Liability. Any liability imposed on either party arising out of or relating to Late Fees shall be limited to the extent permitted by Applicable Law and shall not exceed statutory limits, including any caps on damages under KRLA § 58-2570.
7.3 Force Majeure. Neither party shall be liable for failure to perform its obligations hereunder (other than payment obligations) where such failure is caused by events beyond that party’s reasonable control, including acts of God, pandemic-related governmental orders, or other force-majeure events.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the residential landlord-tenant laws of the State of Kansas, without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties agree that exclusive jurisdiction and venue shall lie in the [INSERT COUNTY] District Court, Housing Department (or such other housing-specific docket as may hereafter be established), subject to the court’s jurisdictional limits.
8.3 Arbitration. Arbitration is expressly excluded.
8.4 Jury Trial. Nothing herein shall be construed as a waiver of any constitutional right to a trial by jury.
8.5 Injunctive Relief. Nothing in this Addendum shall limit Landlord’s statutory right to seek eviction or other injunctive relief permitted under KRLA § 58-2565.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless in writing and signed by both parties. Waiver of any default shall not be deemed waiver of subsequent defaults.
9.2 Assignment. Tenant may not assign, sublease, or otherwise transfer any interest in the Lease or this Addendum without Landlord’s prior written consent, except as may be prohibited under federal housing-subsidy programs.
9.3 Successors & Assigns. This Addendum shall be binding upon and inure to the benefit of the parties and their respective successors, heirs, and permitted assigns.
9.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be construed to the maximum extent permissible to effectuate the parties’ original intent.
9.5 Integration. This Addendum, together with the Lease and any prior amendments, constitutes the entire agreement of the parties regarding Late Fees and supersedes all prior or contemporaneous oral or written agreements on that subject.
9.6 Counterparts; Electronic Signatures. This Addendum may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically (e.g., via DocuSign) shall be deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
LANDLORD:
[LANDLORD NAME]
Title: [_]
Date: _/_/____
TENANT(S):
1. ______
[TENANT NAME] Date: _/_/____
-
[TENANT NAME] Date: _/_/_
(Attach additional signature lines as necessary)
EXHIBIT A
Form of Notice of Late Fee
[Date]
To: [Tenant Name(s)]
Re: Premises at [Address]
This Notice is provided pursuant to Section 3.4 of the Kansas Residential Lease Addendum – Late Fee dated [Effective Date]. As of today’s date, your Rent for the period [Month/Year] remains unpaid beyond the Grace Period. A Late Fee of $[_] has been assessed, bringing your total amount due to $[___]. Please remit payment within [CURE PERIOD] days to avoid further action.
If you believe this Notice has been sent in error, contact the undersigned immediately.
Sincerely,
[Landlord/Agent Name]
[Contact Information]
[// GUIDANCE:
1. Verify local ordinances (e.g., Kansas City, Lawrence, Wichita) for any numeric late-fee caps or mandatory grace periods stricter than state law and insert appropriate figures in the placeholders.
2. Consider including bilingual notices if the lease or tenant communications are provided in a language other than English.
3. Attach the Addendum to the Lease and reference it in any future eviction filings to support the reasonableness of Late Fees.
]