LATE FEE ADDENDUM

to Residential Lease Agreement – State of Louisiana

[// GUIDANCE: This template is drafted for use as an addendum to a Louisiana residential lease. It should be attached to—and expressly incorporated into—the underlying lease agreement. Bracketed items must be customized for each transaction. Verify parish-level ordinances for any additional caps or notice obligations before final execution.]

I. DOCUMENT HEADER

1. Parties
   This Late Fee Addendum (“Addendum”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE & ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, the “Parties”).

2. Premises
   The Premises subject to this Addendum are located at [STREET ADDRESS, CITY, LA ZIP] and are presently governed by that certain Residential Lease Agreement dated [ORIGINAL LEASE DATE] (the “Lease”).

3. Consideration & Incorporation
   As additional consideration for the Lease, the Parties agree that all terms of this Addendum are hereby incorporated into and made a part of the Lease as though fully set forth therein. To the extent of any direct conflict between this Addendum and the Lease, the provisions of this Addendum shall control with respect to the subject matter hereof.

II. DEFINITIONS

For purposes of this Addendum, the following capitalized terms shall have the meanings set forth below. Any term not defined herein shall have the meaning ascribed to it in the Lease.

“Grace Period” – The period commencing on the day immediately following the Rent Due Date and ending at 11:59 p.m. on the [NUMBER OF DAYS – STATUTORY MINIMUM OR AS AGREED] day thereafter, during which no Late Fee shall accrue.

“Late Fee” – The amount chargeable to Tenant for failure to pay Monthly Rent in full before expiration of the Grace Period, calculated in strict conformity with Louisiana law and any applicable parish or municipal ordinance, as set forth in Section III below.

“Monthly Rent” – The recurring base rent due under Section [__] of the Lease, exclusive of additional rent, utilities, assessments, or other charges.

“Rent Due Date” – The calendar date each month on which Monthly Rent is contractually due under the Lease (currently [DUE DATE, e.g., “the 1st day of each calendar month”]).

III. OPERATIVE PROVISIONS

1. Grace Period
   Tenant shall be afforded the Grace Period before any Late Fee may be assessed. Payment is deemed made only upon actual receipt by Landlord (or Landlord’s authorized agent) in immediately available funds.

2. Late Fee Structure
   a. Maximum Charge – The Late Fee shall not exceed the lesser of:
   i. [PERCENTAGE]% of the outstanding Monthly Rent; or
   ii. [DOLLAR AMOUNT] U.S. Dollars.
   [// GUIDANCE: Confirm current statutory and local caps. Many Louisiana jurisdictions permit up to 5% of unpaid rent but this is not uniform statewide.]

b. Per-Occurrence v. Daily Accrual – Landlord [SELECT: “shall assess one (1) flat Late Fee per delinquent installment” / “may assess a Late Fee of $____ per day after the Grace Period, not to exceed the Maximum Charge set forth in Section III.2.a”].

c. Compounding Prohibited – Late Fees shall not compound; no Late Fee will accrue on an unpaid Late Fee.

3. Notice of Late Fee
   Landlord shall deliver written notice to Tenant specifying (i) the amount of unpaid Monthly Rent, (ii) the Late Fee assessed, and (iii) the date by which payment must be remitted to cure default. Notice shall be given in accordance with Section [__] of the Lease and any mandatory statutory method under Louisiana law.

4. Application of Payments
   Unless prohibited by law:
   i. Payments received shall be applied first to outstanding Late Fees, then to accrued interest (if any), and finally to Monthly Rent, additional rent, and other sums.
   ii. Partial payments shall not waive Landlord’s right to exercise remedies for default.

5. Continuing Obligation
   Assessment or collection of a Late Fee does not constitute a waiver of Landlord’s right to declare a default, initiate eviction proceedings, or exercise any other remedy available at law or in equity.

6. Changes in Law
   Should any change in applicable law render the Late Fee structure unlawful or unenforceable, the Parties shall promptly amend this Addendum to conform to such law, and, pending amendment, Landlord may assess only the maximum amount then permitted.

IV. REPRESENTATIONS & WARRANTIES

1. Authority – Each Party represents that (i) it has full right, power, and authority to enter into this Addendum; and (ii) execution of this Addendum does not violate any other agreement to which it is a party.

2. Compliance – Landlord warrants that the Late Fee provisions herein comply with all currently applicable Louisiana statutes and local ordinances as of the Effective Date. Tenant acknowledges that he/she has had an opportunity to review this Addendum or seek counsel.

3. Survival – All representations and warranties shall survive the termination or expiration of the Lease to the extent necessary to enforce unpaid Late Fees.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenant to Pay – Tenant covenants to pay Monthly Rent in full on or before the Rent Due Date each month, subject to the Grace Period.

2. Landlord Record-Keeping – Landlord shall maintain accurate accounting records of Late Fees assessed and payments received and shall provide Tenant reasonable access to such records upon written request, not more than twice per calendar year.

VI. DEFAULT & REMEDIES

1. Events of Default – Failure by Tenant to (i) remit Monthly Rent in full before expiration of the Grace Period, or (ii) pay the Late Fee within the cure period stated in the notice delivered under Section III.3, constitutes a material default under the Lease.

2. Notice & Cure – Landlord shall provide written notice of default and a minimum [NUMBER]-day cure period, unless a longer period is mandated by Louisiana law.

3. Graduated Remedies
   a. Acceleration of Rent;
   b. Termination of Lease;
   c. Eviction proceedings in the appropriate state housing court;
   d. Recovery of reasonable attorneys’ fees and court costs as permitted by law.

4. Mitigation – Landlord shall undertake commercially reasonable efforts to mitigate damages following Tenant’s default, as required under Louisiana jurisprudence.

VII. RISK ALLOCATION

1. Indemnification – Not applicable, consistent with Metadata Directive.

2. Limitation of Liability – Any liability imposed on Landlord for improperly assessed Late Fees shall be limited to (i) the amount of the disputed Late Fees, plus (ii) statutory damages expressly required by Louisiana law, if any. Consequential or punitive damages are hereby disclaimed to the fullest extent permitted by law.

VIII. DISPUTE RESOLUTION

1. Governing Law – This Addendum and the Lease shall be governed by the laws of the State of Louisiana, without regard to conflict-of-laws principles.

2. Forum Selection – Exclusive jurisdiction and venue shall lie in the [PARISH] Housing Court or other court of competent jurisdiction within the State of Louisiana.

3. Arbitration – Arbitration is expressly excluded.

4. Jury Trial – The Parties acknowledge their constitutional right to a jury trial. Nothing herein shall be construed as a waiver of that right where such waiver is prohibited.

5. Injunctive Relief – Nothing in this Section shall limit Landlord’s right to seek injunctive or possessory relief (including eviction) under Louisiana law.

IX. GENERAL PROVISIONS

1. Amendment & Waiver – No amendment or waiver of any provision of this Addendum is effective unless in writing and signed by both Parties. A waiver on one occasion is not a waiver on any subsequent occasion.

2. Assignment – Tenant may not assign this Addendum or the Lease without Landlord’s prior written consent, except as may be permitted by Louisiana law.

3. Severability – If any provision of this Addendum is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.

4. Integration – This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement of the Parties with respect to Late Fees and supersedes all prior or contemporaneous oral or written agreements on that subject.

5. Electronic Signatures – Signatures in electronic form (including via PDF or established electronic signature platforms) shall be deemed originals and fully enforceable.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Late Fee Addendum as of the Effective Date.

[Optional Notary Acknowledgment if required by parish ordinance]

[// GUIDANCE: Prior to execution, counsel should:
1. Confirm the current statutory or local cap on late fees (often expressed as a percentage of monthly rent or a flat dollar limit).
2. Verify whether a specific grace period is mandated (commonly 5–7 days, but varies by parish).
3. Review any notice requirements for demand letters or eviction filings.
4. Align cure periods with those stated elsewhere in the Lease to avoid conflicting timelines.
5. If the Lease contains a broader default or dispute resolution framework, conform Section VI and VIII accordingly.]